1961 Constitution
Transkript
1961 Constitution
1961 Constitution Referendum for the Constitution • 61,5 % YES • 38,5 % NO “NO”= İzmir, Aydın, Denizli, Kütahya, Manisa, Bursa, Sakarya, Bolu, Çorum, Zonguldak, Sakarya, Samsun. (48-49% “No”= Muğla, Kahramanmaraş, Antalya, Çanakkale, Balıkesir) * Tunceli, Mardin= Over 95% “Yes” 1961 Referendum Results Red=No; Blue=Yes 1961 Constitution • • • • • • Long and detailed, 157 Articles General Principles (Art. 1-9) Fundamental Rights and Duties (Art. 10-34) Social and Economic Rights and Duties (Art. 35-53) Political Rights and Duties (Art. 54-62) The Basic Organization of the Republic (Art. 63-152) – Section One: Legislative Power (Art. 63-94) – Section Two: Executive Power (Art. 95-131) – Section Three: The Judiciary (Art. 132-152) • Miscellanous Provisions (Art. 153-154) • Temporary Provisions (11 Temporary Articles) • Final Provisions (Art. 155-157) PREAMBLE of the CONSTITUTION • Having enjoyed freedom and fought for her rights and liberties throughout her history, and having achieved the Revolution of May 27, 1960 by exercising her right to resist the oppression of a political power which had deteriorated into a state of illegitimacy through behavior and actions contrary to the rule of law and the Constitution, the Turkish Nation… • Tarihi boyunca bağımsız yaşamış, hak ve hürriyetleri için savaşmış olan; Anayasa ve hukuk dışı tutum ve davranışlarıyla meşruluğunu kaybetmiş bir iktidara karşı direnme hakkını kullanarak 27 Mayıs 1960 Devrimini yapan Türk Milleti… Preamble (continued) • …the Turkish Nation, prompted and inspired by the spirit of Turkish nationalism, which unites all individuals, be it in fate, pride or distress, in a common bond as an indivisible whole around national consciousness and aspirations, and which has as its aim always to exalt our nation in a spirit of national unity as a respected member of the community of the world of nations enjoying equal rights and privileges; • …Türk Milleti, bütün fertlerini kaderde, kıvançta ve tasada ortak, bölünmez bir bütün halinde, milli şuur ve ülküler etrafında toplayan ve milletimizi dünya milletleri ailesinin eşit haklara sahip şerefli bir üyesi olarak milli birlik ruhu içinde daima yüceltmeyi amaç bilen Türk Milliyetçiliğinden hız ve ilham alarak ve, Preamble (continued) • ..With full dedication to the principle of “peace at home, peace in the world” and with full dedication to the spirit of national independence, and sovereignty and to the reforms of Atatürk; guided by the desire to establish a democratic rule of law based on juridical and social foundations, which will ensure and guarantee human right and liberties, national solidarity, social justice, and the welfare and prosperity of the individual and society; • ..“Yurtta Sulh, Cihanda Sulh” ilkesinin, Milli Mücadele ruhunun, millet egemenliğinin, Atatürk Devrimlerine bağlılığın tam şuuruna sahip olarak; insan hak ve hürriyetlerini, milli dayanışmayı, sosyal adaleti, ferdin ve toplumun huzur ve refahını gerçekleştirmeyi ve teminat altına almayı mümkün kılacak demokratik hukuk devletini bütün hukuki ve sosyal temelleriyle kurmak için, Preamble (continued and end) • ..now theretofore, the Turkish Nation hereby enacts and proclaims this Constitution drafted by the Constituent Assembly of the Turkish Republic, and entrusts it to the vigilance of her sons and daughters who are devoted to the concepts of freedom, justice and integrity, with the conviction that its basic guarantee lies in the hearts and minds of her citizens. • …Türkiye Cumhuriyeti Kurucu Meclisi tarafından hazırlanan bu Anayasayı kabul ve ilan ve Onu, asıl teminatın vatandaşın gönüllerinde ve iradelerinde yer aldığı inancı ile, hürriyete, adalete ve fazilete aşık evlatlarının uyanık bekçiliğine emanet eder. Rights and Liberties • • • • Listed in detail and protected. Art.11: The essence of liberties cannot even be limited for reasons of national security. Individual rights: Personal immunity, individual privacy, immunity of domicile, personal communications, freedom of travel and residence, freedom of thought, freedom of faith, freedom of science and arts, freedom of press, freedom to publish newspapers, journals, books, freedom of march and demonstration , freedom association, right to appear before relevant court Social rights and liberties: State will do land reform, expropriation, nationalization for citizens; equity of wages, right to found trade unions, right to enter collective bargaining, right to strike, social security and medical care, primary education compulsory. Political rights: citizenship, right to elect and to being elected; right to found political parties, right to enter public service, right of petition LEGISLATIVE • TGNA (Assembly) not the only place where sovereignty emerges. • High Board of Elections established to oversee electoral processes. • Bicameral: House of Representatives (=Millet Meclisi) + Senate of the Republic (=Cumhuriyet Senatosu). Senate: Members: some elected; some appointed by President; “natural Senators”= previous presidents, members of the National Unity Committee. “Natural senators” are there for life. LEGISLATIVE • • House of Representatives: 450 MPs; 4 years. More powerful. Senate: membership changes; 6 years An MP candidate must be 30 years old+ literate in Turkish+no criminal record on certain offenses. A Senator candidate: 40 y. old+ university graduate+no criminal record on certain offenses. • Both chambers work separately except few circumstances (war; new President; impeachment..) • Bills can come from either house but first debated in the House of Rep. If OK, referred to the Senate. If the Senate is OK, becomes law. If not, goes back to lower house/H. of Rep. and if the lower house agrees with Senate proposals, bill becomes law. If not= a joint commission. Then voted in the H.of Rep. • Only the lower house can remove government with vote of no confidence. EXECUTIVE • • • • • • • • Follows parliamentary systems elsewhere: Politically responsible Council of Ministers and politically irresponsible President. (and unofficially and indirectly, National Security Council) President elected from TGNA. 2/3 majority necessary. After two rounds, absolute majority. President elected for 7 years. No reelection. No party membership. Oath includes pledge to follow democracy and rule of law based on human rights. President signs international treaties; has power of pardon. President must sign or return the laws; can start a constitutional check; appoints 15 members of the Senate, 2 judges of Constitutional Court, designates the PM. Council of Ministers=PM+Ministers. PM nominates ministers, President appoints them. Ministers can be out of TGNA. Government program submitted to both chambers but discussed and voted only in the lower one. Ordinary majority is enough for vote of confidence (=majority of those present). If PM want confidence or at the end of interpellation= absolute majority. EXECUTIVE • 2 types of responsibility: 1) collective (for the entire government) 2) individual (for ministers). Ministers can be tried by Const. Court. • Interesting elements within the Executive: • 1) Autonomous institutions (universities, radio broadcasting) • 2) DPT (State Planning Organization) • 3) National Security Council EXECUTIVE • National Security Council= President, certain ministers, and representative of armed forces. • “communicates(=“bildirir”) requisite fundamental recommendations to Council of Ministers” on issues pertaining to national security and coordination. Note: Chief of Staff: not appointed by Defense Minister. Council of Ministers nominate, President appoints. (just as a minister) JUDICIARY • • • • • Independence of the Judiciary guaranteed by a new body: High Board of Judges. Minister of justice can join the meetings but cannot vote. Procedures for prosecutors are separate from judges. Separate provisions for Military Courts. Constitutional court for constitutionality check (15 members= 8 by High Courts, 3 by lower house of TGNA, 2 by Senate, 2 by President) (TGNA will select among those decided by a joint meeting of university professors in law, economics, and political science. VARIOUS PROVISIONS • Protection of Atatürk’s reforms. Cannot be claimed to be unconstitutional. TEMPORARY ARTICLES • Temporary Art. 4: Protection of coup makers. No fiscal, legal, penal responsibility claim can be made against acts of NUC. Post coup laws cannot be declared unconstitutional.