Introduction
The Turkish Constitutional Law (Türk Anayasa Hukuku) is the backbone of the legal and political system in Turkey. It is codified in the 1982 Constitution of the Republic of Turkey (Türkiye Cumhuriyeti Anayasası), which has been amended multiple times, most recently with significant reforms in 2010 and 2017.
For both Turkish citizens and foreigners residing, investing, or doing business in Turkey, understanding the Turkish Constitutional Law is crucial. It defines the structure of the state, fundamental rights and freedoms, the separation of powers, and the role of the judiciary. In short, it sets the rules of the game for law, politics, and governance in Turkey.
1. Nature and Supremacy of the Constitution
The Constitution is the highest source of law in Turkey. Article 11 establishes its supremacy: all laws, regulations, and administrative acts must comply with the Constitution. If a law conflicts with it, the Constitutional Court has the power to annul that law.
This principle guarantees that fundamental rights, democracy, and the rule of law are protected against political or administrative abuse.
2. Characteristics of the State
The Constitution sets out the core identity of the Republic of Turkey in Article 2:
- Democratic, Secular, and Social State of Law (demokratik, laik ve sosyal hukuk devleti),
- Committed to human rights,
- Based on the rule of law (hukuk devleti),
- Founded on the principles of Atatürk’s nationalism.
Article 3 also establishes that Turkey is an indivisible state with its territory and nation, with Turkish as the official language and Ankara as the capital.
3. Sovereignty and Popular Will
Article 6 declares that sovereignty belongs to the nation, exercised through the Constitution and state institutions. No person or body may exercise authority not derived from the Constitution.
This underlines the principle of popular sovereignty, where ultimate political power rests with the people.
4. Fundamental Rights and Freedoms
The Constitution devotes an entire section (Arts. 12–74) to fundamental rights and freedoms, which include:
- Personal Rights: Right to life, equality before the law, personal liberty and security, privacy.
- Political Rights: Freedom of expression, association, assembly, right to vote and be elected.
- Economic and Social Rights: Right to work, union rights, education, property.
Restrictions on rights are allowed only when prescribed by law, necessary in a democratic society, and proportionate to the aim pursued.
5. Separation of Powers
The Turkish Constitution establishes a separation of powers between:
- Legislature (Yasama): The Grand National Assembly of Turkey (Türkiye Büyük Millet Meclisi – TBMM).
- Executive (Yürütme): The President of the Republic, especially after the 2017 constitutional amendments, which introduced a Presidential Government System.
- Judiciary (Yargı): Independent courts exercising judicial power on behalf of the nation.
This balance ensures that no branch monopolizes power.
6. The Legislature – Grand National Assembly of Turkey
The TBMM is a unicameral parliament with 600 deputies elected for five years. It has powers to:
- Make, amend, and repeal laws,
- Ratify international treaties,
- Approve the budget,
- Supervise the executive.
Members are elected by proportional representation, ensuring diverse political representation.
7. The Executive – Presidential System
Since the 2017 amendments, Turkey has adopted a Presidential Government System:
- The President of the Republic is both head of state and head of government.
- The President is elected directly by the people for a five-year term.
- Presidential powers include issuing decrees, preparing the budget, and appointing high-level officials.
This system abolished the office of Prime Minister, concentrating executive power in the presidency.
8. The Judiciary
The Constitution guarantees judicial independence and impartiality (Art. 138). Courts are bound only by the Constitution and the law.
Key judicial bodies include:
- Constitutional Court (Anayasa Mahkemesi): Reviews constitutionality of laws, examines individual applications concerning fundamental rights.
- Court of Cassation (Yargıtay): Highest civil and criminal appellate court.
- Council of State (Danıştay): Highest administrative court.
- Court of Accounts (Sayıştay): Audits public expenditures.
Judges and prosecutors are supervised by the Council of Judges and Prosecutors (HSK).
9. Constitutional Court and Individual Application
Since 2010, individuals may directly apply to the Constitutional Court if they believe their fundamental rights (protected under the Constitution and the European Convention on Human Rights) have been violated.
This mechanism has become a critical safeguard for rights protection in Turkey, similar to constitutional complaint systems in Europe.
10. Constitutional Amendments
The Constitution allows for amendments by the TBMM with a three-fifths majority. Some principles, such as the unitary nature of the state and secularism, are protected by “eternity clauses” (Art. 4) and cannot be changed.
Conclusion
The Turkish Constitutional Law provides the framework for democracy, human rights, and the separation of powers in Turkey. It guarantees equality, liberty, and the rule of law, while structuring the state as a democratic and secular republic.
For foreigners, understanding the Turkish Constitutional Law is essential: it shapes the legal environment, protects rights, and ensures stability in both political and legal life. Whether investing, working, or living in Turkey, the Constitution stands as the ultimate legal reference point.
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