1921 Constitution (“Teşkilat
Transkript
1921 Constitution (“Teşkilat
“Halkçılık Programı”/Populism Program (Nov 1920) • Supposed to be the framework of a new constitution. • Read as “TBMM Beyannamesi/Declaration” • “Türkiye Büyük Millet Meclisi milli hudutlar dahilinde İslam ekseriyetinin hayat ve istiklalini temin ve hilafet ve saltanat makamını tahlis andiyle teşekkül etmiştir.” • (=The TGNA has been established under oath to ensure life and independence of Muslim majority within national boundaries; to save caliphate and sultanate.) Populism Program (cont.) • “[TGNA] hayat ve istiklalini yegane ve mukaddes emel bildiği Türkiye halkını, emperyalizm ve kapitalizm tahakküm ve zulmünden kurtararak irade ve hakimiyetinin sahibi kılmakla gayesine vasıl olacağı kanaatindedir.” • (=TGNA admits that it can reach its goal by making the people of Turkey, whose life and future it considers sacred, free from oppression and tyranny of imperialism and capitalism; by making them to possess their own will and sovereignty.) 1921 Constitution • Article 1: Sovereignty belongs unconditionally to the nation. • Article 2: Executive power and legislative authority are manifested and concentrated in the Grand National Assembly, which is the sole and rightful representative of the nation. • Article 3: The Turkish State is administered by the Grand National Assembly and its government bears the name of the Government of the Grand National Assembly. • Duties of the GNA: (Art. 7) *apply Shariah law *make, amend, cancel laws *Peace treaty, war decision * Ministers: elected by the GNA; can be removed by the GNA. (Art. 8) • Local authority: • Article 11: “With respect to local affairs, the vilayet [province] is a corporate entity and has autonomy. With the exception of external and internal political affairs, Shariah, judicial and military matters, international economic relations, general governmental taxation and matters concerning more than one vilayet, the councils of the vilayets have the authority to organize and administer, in accordance with the laws that shall be promulgated by the Grand National Assembly, matters relating to Evkaf (Pious Foundations), Medaris (Schools), Public Instruction, Health, Economics, Agriculture, Public Works and Social Aid.” * Council members are chosen by people of that vilayet. Mustafa Kemal’s Directive, 30 Jan 1921 • “Kanun-ı Esasi’nin işbu mevadd ile tearuz etmeyen ahkâmı kemâkân meriyülicradır.” • (= The articles of the [1876] Constitution, which do not contradict the [1921] Constitution, are still valid as they are.) Missing in 1921 Constitution • Judiciary • Office of presidency • Constitutional change mechanism 1921-1924 • Responsibility principle during war (Commander in chief position) => 2nd Group • Secret deals with the French, Italians, Russians • No mention of Judiciary in 1921 Constitution, but Independence Courts. • Abolition of the Sultanate. By Parliamentary decision. Not by Constitutional change; not even a law. (Parliamentary decisions are usually only about parliamentary affairs) • Mustafa Kemal pressed hard for this: • Bu bir emr-i vakidir. (=This is a de facto) PARLIAMENTARY DECISION TO ABOLISH SULTANATE, 1922 • 1922-3: Political struggles. Crises (Ali Şükrü Incident; ratification of Lausanne) • New elections; controlled lists. --decision to hold new elections: taken by simple majority. However, 1921 constitution stated that the Assembly continues until fulfilling its mission. And this decision can be made only by 2/3 of the Assembly. • Meanwhile: CHP established (Sept 1923); new constitution efforts. Declaration of the Republic • 29 Ekim 1339 (1923)/no.364 • Name of the Law: “Teşkilât-ı Esasîye Kanununun Bazı Mevaddının Tavzihan Tadiline Dair Kanun” : Law about amendment in some Articles of the Constitution by elaboration • Article 1: Hâkimiyet, bilâkaydü şart Milletindir. İdare usûlü halkın mukadderatını bizzat ve bilfiil idare etmesi esasına müstenittir. Türkiye Devletinin şekl-i Hükûmeti, Cumhuriyettir. (=Sovereignty belongs unconditionally to the nation…The form of government of the state of Turkey is Republic.) • Other Amendments: a) Office of Presidency established. b) Formation of government changed. Now: President selects PM and ministers among MPs. Government altogether presented to the Assembly by the President for vote of confidence.