CONSTITUTION
O F
TURKISH
THE
REPUBLIC
Translated for the Committee of National Unity
by
Sadik Balkan, Ahmet E. Uysal
and Kemal H. Karpat
Ankara 1961
CONSTITUTION OF THE TURKISH REPUBLIC
PREAMBLE
♦
Having enjoyed freedom, and fought for her rights and liberties throughout
her history, end having achieved the Revolution of May 27, 19G0 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, 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;
With full dedication to the principle of tpeace at home, peace in the world*
and with full dedication to the spirit of national independence, and sovereignty and to the reforms of Atatiirk;
Guided by the desire to establish a democratic rule of law based on juridical
and social foundations, which will ensure and guarantee human rights and liberties, national solidarity, social justice, and the welfare and prosperity of the individual and society;
Now therefore, 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 convinction that its basic guarantee lies in the hearts and minds of her citizens.
PART ONE
General Principles
I, Form of the State :
ARTICLE 1 — The Turkish State is a Republic.
IT. Characteristics of the Republic :
ARTICLE 2 — The Turkish Republic is a nationalistic, democratic, secular
and social State governed by the rule of law, based on human rights and the funda¬ mental tenets set forth in the preamble.
This Constitution icas promulgated as laic number 53.} of July 5, 1961 in the
Official Gazette number 10859 of July 80, 1961.
— 4 —
<™: *' “* Sta,e - «* OH taw and «, seo( o/ , 0 .
S 0 ohwImL^ £ T“k!sh! vl3 ' ble whole comprisIn * «*
- Its capital is the city of Ankara.
*
IV. Sovereignty :
co„dlt i on RTICLE 4 ~ S ° Verel8;,,ty ‘ S Vest ' d 1" «« "at,on without reservation and
present agencies as
group No“ T,"* * •» Person,
not drive its origin from the Constitution. CX,1 ' rCI ' a0 i!ny sta,e authority which does
V. Legislative power :
Assembly. This power Sno^*“ *** Grand National
VT. Executive Function ; ‘ •
of
\ II. Judicial power:
behalf of the Turkish nation. PO '" sr Sl,a11 be exeI *oised by independent courts on Vm. Supra,nacp and binding , orce D/ tt , ColM „ (K(jmi .
ThT^siLTo^'the c a M ^ ^ COnf, ' 0t W “ h the dilution.
binding the legislative, fundamental legal principles
individuals. J al or ^ ans * administrative authorities and
IX. Irrevocability of the lorn o/ the Stale; state the
874 32
tty
20bi \. S1981. .AS c. G6 - 13G1
PART TWO
Fundamental rights and duties
SECTION ONE
General Provisions
I. The nature of the fundamental rights and their protection :
ARTICLE 10 — Every individual is entitled, in virtue of his existence as a
human being to fundamental rights and freedoms, which cannot be usurped, trans¬
ferred or relinquished.
The State shall remove all political, economic and social obstacles that restrict the fundamental rights and freedoms of the individual in such a way as to be irre¬ concilable with the principles embodied in the rule of law, individual well-being and social justice. The State prepares the conditions required for the development of the Individual’s material and spiritual existence.
II. The essence of the basic rights :
ARTICLE 11 — The fundamental rights and freedoms shall be restricted by
law only in conformity with the letter and spirit of the Constitution.
The law shall not infringe upon the essence of any right or liberty not even
•when it is applied for the purpose of upholding public Interest, morals and order, •social justice as well as national security.
III. Equality :