The Legislature: According
to Article 7 of the Constitution, legislative power is vested in the
Turkish Grand National Assembly (TGNA) on behalf of the Turkish Nation.
This power cannot be delegated. The TGNA comprises 550 deputies
designated in elections held every four years. The parliament can decide
to postpone the elections before is for one year in case of war or to
renew the elections before is four-year term is completed (early
elections). It is also possible to hold new elections by a decision of
the President under circumstances set forth in the Constitution. When
vacancies arise in the memberships of the TGNA, by-elections are held.
By-elections may be held only once in every election term. By-elections
cannot be held within one year before general elections.
elections of deputies are held freely, evenly, by ballot, in a single
stage, and under supervision and inspection of judicial organs in line
with the principles of universal suffrage, open count up and inventory.
Every Turkish citizen has a right to vote if over 18 years of age and
has a right to be elected if over 25 years of age. Election procedures
are specified by the law.
assuming Office, deputies take an “oath” included in the Constitution,
and they represent the entire nation. Deputies have legal immunity. The
TGNA decides on cases of lifting parliamentary immunity and on the
dismissal from parliament of a deputy. It is possible to apply to the
Constitution Court nullift such decisions.
Parliament carries out its activities through commissions in accordance
with the Constitution and the Rules of Procedure, which are drawn up by
the TGNA itself. Commissions are formed according to the areas of
expertise engaged in preparatory activities. The final word belongs to
the General Assembly. Every citizen and all foreigners residing in
Turkey on the principle of reciprocity, file request or a complaint with
the Petition Commission.
The Executive Body: The
executive body comprises the President and the Council of Ministers.
The institutions of higher education, tehe Professional organizations
qualifying as public institutions, the Turkish Radio and Television
Corporation, the Atatürk High Institution of Culture, Language and
History, and the Directorate of Religious Affairs are also included in
the executive body.
The President: The
president is the head of the State, and represents the Republic of
Turkey and the unity of the Turkish Nation. The president is elected by
the people, from among deputies who are over 40 years of age and who
have completed higher education, or from among the turkish citizens who
comply with these requirements and who are eligible to be a deputy by
general voting and by simple majority of the valid votes. Also, the
President is elected for a period of 5 years and the same person can
only be elected twice.
President, apart from ensuring the implementation of the Constitution
and the regular and harmonious functioning bodies State, has a number of
legislative duties including to sumon the TGNA to meet, if necessary,
to promulgate legislations or return them to the Parliament for further
deliberation, to submit constitutional amendments to a referendum, to
appeal to the Constitutional Court fort he annulment of laws, decrees in
force of law (statutory decrees) and a part of or all of the Rules of
Procedure of the TGNA on the grounds of contradiction with the
Constitution in terms of method and principler, and to call new
elections fort he TGNA under conditions stipulated in the Constitution.
executive functions of the President are to appoint the Prime Minister,
and also the ministers upon the proposal of the Prime Minister to
accredit representatives of the Turkish State to foreign countries and
to receive their envoys; to ratifty and promulgate international
agreements, to preside over the National Security Council and, if need
be, the Council of Ministers, to sign decrees, to remit sentences
imposed on certain individuals on gorunds stipulated in the
Constitution, and to appoint members of the State Supervisory Council,
teh Higher Education Council and the university rectors.
The President’s judiciary duties are limited to ythe appointment of the members of the Supreme courts.
The Council of Ministers: The
Council of Ministers consists of the Prime Minister and the ministers.
The Prime Minister, appointed by the President from among the members of
parliament, is the head of the Council of Ministers. Ministers are
nominated by the Prime Minister from among the deputies or those
eligible for election as deputies, and appointed by the President. The
President can remove the ministers from Office upon the proposal of the
National Security Council is a constitutional body comprising the Prime
Minister, the Chief of the General Staff, three Deputy Prime Ministers,
the ministers of National Defense, Interior and foreign Affairs, the
commanders of the Army, Navy andA ir Force and the General Commander of
the Gendarmerie, under the chairmanship of the President. The National
Security Council makes decisions related to the formulation and
implementation of national security policies, and recommedns these
decisions to the Council of Ministers. The Council of Ministers
evaluates these decisions.
The Judiciary: Judiciary
power is exercised by independent courts on behalf of the Turkish
Nationsl. The supremacy of law and the independence of the courts and
judges, as well as the security of the judges are fundamental. With the
exception of special circumstances, court hearings are open to mthe
public. Criminal responsibility is personal and no on emay be held guity
until proven guilty in a court of law. Everyone has the right of
litigation either as plaintiff or defendant before the courts through
lawful means and procedure, and also has the right to lair trial.
arbitration is possible in exclusive charters and contracts related to
public services and the jurisdictional disputes arising from them.
judiciary is divided into three in the forms of legal, administrative
and special judiciary. The military courts are classified as military
high courts specified in the Constitution comprise the Constitutional
Court in charge of constitutional adjudication, the Supreme Court of
Appeals in charge of legal judicial adjudication, the Supreme Military
Administrative Court in charge of military adjudication, and the Court
of Jurisdictional Disputes in charce of jurisdictional disagreement. The
Judiciary Chapter of the Constitution also includes the Supreme Council
of Public Accounts ( the Audil Court) and the Supreme Council of
Judges and Public Prosecutors.
The Constitutional Court: The
function of the Constitutional Court is to examine in terms of form and
substance the constitutionality of laws, decrees having the force of
law and Rules of Procedure of the TGNA,. İn its capacity as the Supreme
Court, it tries the President, members of the council of Ministers, the
chairmen, members and chief prosecutors of the high courts, the Supreme
Council of Judges and public Prosecutors, the Supreme Council of Public
Accounts, the acting Chief Public Prosecutor and with Constitutional
Amendments made on September 12th, the Chief of General staff,L and,
Naval and Air Forces commanders and the commander of the Gendarmarie
for offences related to their duties. It hears the cases related to the
banning of politicial parties and the requests of the Office of the
Chief Prosecutor of the Supreme Courth of Appeals to warn politicial
parties. It audits the accounts of the politicial parties, examines the
TGNA decisions to lift the legislative immunities of deputies or to
dismiss them from Office, and designates the President and the Acting
President of the Court of Jurisdictional.
President, the parliamentary groups of the party in power or the main
opposition party as well as deputies comprising at least oned fifth of
the total members of the TGNA have the right to directly file an
annulment action at the Constitutional Court Furthermore, the courts are
also authorized to file a suit at the Constitutional Court when they
find that the law to be applied in trying a case is unconstitutional, or
upon a self-conviction of the court on such a necessity.
Constitutional Court is composed of 17 permanent members who are
elected for 12 years . 3 members are designated by the TGNA, 4 members
are designated by the President among senior administrators,
self-employed lawyers, first class judges and public prosecutors and
Constitutional Court rapporteurs who have worked at least 5 years as a
rapporteur and 10 members are also designated by the President among the
High Court of Appeals, the Council of State, the Supreme Military Court
of Appeals and the higher Education Council candidates.
Election System: The
Constitution also defines the election system. Elections in Turkey are
held according to a proportional representation system in a single stage
in accordance with the principles of general, equal, secret and direct
voting, universal suffrage, public counting and tally of the votes.
Every province is an electoral milieu and every ward is a precinct.
10% nationwide threshold is practiced in elections. Those political
parties failing to receive at least 10% of the valid votes throughout
the country in general elections, and throughout an electoral milieu in
by-elections, cannot be represented in the parliament. The d’Hont method
applies for the distribution of deputies among the parties acording to
the election results.
Political Parties: Under
the Constitution, the political parties are the essential elements of
pluralistic and participatory democratic life and they are formed
without prior permission. The parties enjoy public juristic entity upon
the submission of the names of a minimum of 30 founding members eligible
as deputies to the Ministry of the Interior. Every Turkish citizen of
18 years of age has the right to join a political party. In general
terms, public prosecutors and judges, civil servants, members of the
Turkish Armed Forces and students in prehigher education schools cannot
become members of political parties. If the statues, program and
activities of a political party are in conflict with the independence of
the State; its indivisible integrity with the country and narion; human
rights; the principles of equality an a state governed by the rule of
law; national sovereignty and the principles of a democratic and secular
Republic; or if they intend to advocate or try to establish ans class
or group dictatorship or any kind of dictatorship ; and if they incite
people to commit crimes, the party can be closed by the Constitutional
Court or it can be partially or totally deprived of state aid in
accordance with the severity of the act committed, upon the law-suit
filed by the Chief Public Prosecutor of the Supreme Court of Appeals.
Financial Structures And Auditing Of Political Parties: The
revenue resources of the political parties are the membership dues,
donations of corporate or legal bodies within the limits specified in
the Political Parties Law, and stateaid set forth in the sama code.
Donations of real astate, movable assets, cash or the granting of
privileges and rights to political parties by public institutions and
agencies as well as local administrations are prohibited.
Furthermore,political parties receiving donations or assistance from
foreign states,international organizations, foreigners, and
associations, groups or institutions in foreign countries are dissolved
Constitutional Court has the duty and authority to audit the finances
of the political parties. The Court carries out this duty within the
framework of the Political Parties Law and the verdicts it delivers are