Constitutional Process of the Republic of Turkey

When the constitutional process of Turkish history is examined, it is seen that there are 5
constitutions in total. While one of them is the constitution of the Ottoman State, the remaining ones
are the constitutions created after the establishment of the Turkish State. (In the last period of the
Ottoman Empire (1808), we encounter the first Turkish constitution, which is called Sened-i İttifak.If
you need this part, I can explain, but now I will only talk about the Constitutions of the Republic of
Turkey.)

Our first constitution was the “1921 constitution.” The thing to note here is that our state has not
yet taken the name of the Republic of Turkey. Because the republic was proclaimed in 1923. With
this constitution, the Turkish state was established, but not the Republic of Turkey. When we look at
its preparation and structure, it can be seen that this constitution contains the extraordinary
conditions of the Turkish War of Independence. It is a constitution consisting of 23 by laws.

The 1921 Constitution is short compared to other constitutions. It is based on the fact that the
sovereignty belongs to the nation unconditionally, and that the method of administration personally
and de facto governs the destiny of the right. In other words, the signals of the Republic are actually
given. It is also referred to as the Teşkilat-ı Esasiye Kanunu. In the first form, there is no head of state.
With the Law on the Amendment of Certain Articles of the Organization Law No. 364 of 29 October
1923, the Republic was proclaimed and the Presidency was established.

Our second constitution is the “1924 constitution.” This constitution, on the other hand, is the
first constitution to come after the proclamation of the republic. It is more comprehensive than the
1921 constitution. After the War of Independence, this constitution was needed because the new
needs of the Turks arose. For this reason, TBMM which is namely the Grand National Assembly of
Turkey, was established. The important point here is that there was no provision in the constitution
of 1921 that the constitution should be unalterable, so this new assembly, which was the founding
power, needed the approval of 2/3 of its full members by using it.

The draft prepared by this commission by making use of the “Second Republic of France” and
the “Poland” Constitution was discussed in the parliament; some of its laws were amended and it
was accepted by the law numbered 491 dated April 20, 1924.

The important point of the 24 constitution is that it adopts the principle of national sovereignty
and the principle of “unity of power”.