ÇAĞLA SINAR

BEYZA SAĞDIÇ
SİMAY ERDOĞDU
ELİF BOSTAN
ZEYNEP SU KIRATLI

PSIR 266 | PRESENTATION

CONTENT OF CONSTİTUTİON
1. PREAMBLE CHAPTER
Hello everyone. I am Çağla Sınar. And we are here today to talk about the content of
constitutions.

Before we begin, I would like to briefly focus on the definition of the constitution. A
constitution is a set of fundamental principles that establish the basic framework and
functioning of a government, as well as the rights and freedoms of its citizens. The content of
the constitutions might differ from country to country. However, constitutions usually consist
of parts that you see on the screen/slide. One by one, me and my friends will dwell on these
parts.

 Preliminary Chapter (or Preamble),

 General Principles,
 Institutions of the State,
 Fundamental Rights-Freedoms and
 Constitutional Amendment Procedure.

To begin with, I would like to start with preliminary chapter, also known as the preamble.
The preambles are the ideological parts of constitutions. They can also be defined as the
preamble of a constitution is an introductory part that state the reason and purpose of the law.
The preambles of the constitution are usually the first part people read. They serve to explain
the values of the people by referring to important national events, symbols and aspirations.
Because of that, the preambles are intended to be nationhood and history-based. Therefore,
the preambles tend to be inspirational. That it is why they are written in the form of essay.

The preambles of the constitution should have more concrete contents. This way, people
will know what the rules and regulations are for a country. And the contents of preambles are
related to subjects that can be associated with the groups you see on the screen/slide. These
are;

 Goals and Values

 History
 God and Religion
 Referring or calling upon other acts

The preambles of constitution generally cover some or all of the related subjects.

I am moving forward to talk about the preamble of the Constitution of Turkey dated
1982. The Constitution was submitted to the referendum on November 7, 1982 and entered
into force with its publication in the Official Gazette on November 9, 1982. The preamble was
included in constitution with Article 176 of the Constitution of Turkey dated 1982. The
preamble emphasizes the basic views and principles the Constitution is based on, as stated in
Article 176 of the Turkish Constitution. It is also stated that it is an integral part of the
constitution.

In summary, the preamble emphasizes the goals of preserving the independence of the
nation, participating in the progress of civilization, promoting social justice and welfare,
respecting human rights and fundamental freedoms, and adopting the nationalism of Atatürk
as the guiding principle. In addition, it is the part that states that citizens are entrusted to the
love of the motherland and nation.

2.GENERAL PRİNCİPLES CHAPTER

Hello everyone, I will continue with the first part of the constitutional law which is
chapter of general principles.

In the chapter on the general principles of the constitution, we have information about
the fundamental principles of a state. Information about whether the state is a monarchy or
republic, which language is the official language, or whether it is a secular or religious state.

Now we can look at the general principles chapter of the Turkey.

After the first article of the 1982 Constitution stipulates that "The State of Turkey is a
republic", Article 2 enumerates the characteristics of the republic. According to this article,
“The Republic of Turkey is a democratic, secular and social State governed by the rule of law;
bearing in mind the concepts of public peace, national solidarity and justice; respecting
human rights; loyal to the nationalism of Atatürk, and based on the fundamental tenets set
forth in the Preamble.” The third article specifies other essential features such as the integrity
of the State, its official language, flag, national anthem and capital. Pursuant to this article,”
The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish.
Its flag, the form of which is prescribed by the relevant law, is composed of a white crescent
and star on a red background. Its national anthem is the "Independence March". Its capital is
Ankara. ”. Finally, 4. The article states that the provision of the first three articles of the 1982
constitution cannot be changed and amending cannot be proposed.” The provision of Article 1
of the Constitution establishing the form of the State as a Republic, the provisions in Article 2
on the characteristics of the Republic, and the provision of Article 3 may not be amended, nor
may their amendment be proposed.” In the light of these four articles, and the Preamble
referring to it in Article 2, the main characteristics of the Turkish State can be listed as
follows.

1. The principle of Republicanism

2. Principle of Unitary State

3. The Principle of the respecting human rights State

4. The principle of State¸depending on Atatürk's nationalism

5. The principle of Democratic State

6. The principle of the Secular State

7. Principle of Social State

3.Instutions of the State Chapter

The constitution determines the form of government. The basic content of the
constitution is the structure and powers of the government. Its main purpose is to outline the
government's powers. It also limits the powers of the government if necessary.

The republic has basic organs, and these organs are separated. Legislature, executive
and judiciary. The separation of these organs from each other is called the separation of
powers. The modern foundations of the separation of powers are based on the French thinker
Baron de Montesquieu. Montesquieu is a famous thinker born in France in 1689. Montesquieu
argues that the legislature, the executive, and the judiciary should be separated.
 According to the 1982 constitution, the only source of sovereignty is the judiciary. In
Article 6, this is stated as follows; "Sovereignty belongs to the Nation unconditionally. The
Turkish Nation exercises its sovereignty through its authorized organs, in accordance with the
principles laid down by the Constitution. The exercise of sovereignty cannot be left to any
person, group or class under any circumstances. No person or a state power that does not
derive its organ source from the Constitution." As it can be understood from here, the use of
sovereignty was not left to a single authority but was shared among authorized bodies. These
authorized bodies are the legislature, the executive, and the judiciary. Sovereignty cannot be
exercised by a single authorized body, which is called separation of powers. The separation of
powers was first introduced with the 1961 constitution.

1. Legislative power
Legislative power is the power to make laws. According to Article 7 of the first part of the
Constitution, the power to make laws rests solely with the Turkish Grand National Assembly.

Article 7- Legislative power is vested in the Grand National Assembly of Türkiye on behalf
of the Turkish Nation. This power shall not be delegated.

In the first chapter of the third part of the constitution, the parliament, which governs the
legislative power, consists of 600 deputies elected by universal suffrage. This situation is also
protected by the constitution.

2. Executive power and function

Executive power is the enactment of laws made by the parliament, and according to the
constitution, the President does this. This is stated in Article 8 of the constitution as follows:

Article 8- executive power and function shall be exercised and carried out by the Present of
the Republic in conformity with the Constitution and laws.

According to Article 104 of the second chapter of the Constitution, the president is the head of
state, and the executive power belongs to the president.

3. Judical power
The judiciary is the enforcer of the rules. The judicial power is administered by
independent courts in Turkey, and this is stated in Article 9 of the Constitution as follows:

Article 9- Judicial power shall be exercised by independent and impartial courts on behalf of
the Turkish Nation.
Again, according to the third chapter of the constitution, courts and judges cannot take orders
and instructions from any person. They are independent and this independence is also
protected by the constitution.

Finally, the principle of separation of powers is a fundamental building block for a

fairer and more independent administration and judicial process.

4.FUNDAMENTAL RİGHTS AND FREEDOMS CHAPTER

Constitutionally, the concept of right is defined as "a power of will that the
constitution gives to the person". Constitutions are legal texts that have emerged with the aim
of protecting and securing the rights and freedoms of individuals arising only from being
human. Fundamental rights and freedoms, which are human rights guaranteed by the
constitution, are also called constitutional rights. The most important way to restrain the
power of the state and protect the individual from it is the state's commitment to respect the
fundamental rights and freedoms of the individual. In this way, individuals and minority
groups are protected. Naturally, fundamental rights and freedoms occupy a large part of the
constitution.

Fundamental rights are the rights that people need in order to live humanely, simply
because they are human. Rights such as the Right to Life, the Right to Personal Immunity, the
Right to Health, the Right to Education, the Right to Petition, the Right to the Privacy of
Private Life, the Right to Inviolability of Housing, the Right to Vote and to be elected are
examples of fundamental rights.

Fundamental freedoms are the rights that allow individuals to live freely. Freedoms
such as Freedom of Religion and Conscience, Freedom of Thought and Expression, Freedom
of the Press, Freedom of Communication, Freedom of Settlement and Travel, Rights and
Freedom of Assembly, Freedom of Science and Art are also constitutionally guaranteed by the
state. Individuals cannot restrict or hinder the rights and freedoms of other individuals.

If we take into account the most known freedoms; The focus of freedom of thought,
freedom of settlement, freedom of communication and similar freedoms is the actions of the
individual. As soon as these and similar freedoms are included in the Constitution, it is
accepted that individuals have the authority to act freely in designated areas.

The general provisions of the Fundamental Rights and Freedoms section are specified
in the Turkish Constitution. General provisions include the titles of Nature of Fundamental
Rights and Freedoms, Limitation of Fundamental Rights and Freedoms, Not Abuse of
Fundamental Rights and Freedoms, Suspension of the Use of Fundamental Rights and
Freedoms, and Status of Foreigners.

Ensuring fundamental rights in a constitution is considered a necessary tool for establishing

limited and free government. Fundamental rights cannot be abolished by the legislative and
executive branches. It cannot be regulated by presidential decree.

5.AMENDMENT PROCEDURE CHAPTER

Hello everyone, ı am zeynep. I’m going to talk about how we can amend the constitution.

Before focus on how we can change the contutituon, I wanna give information about
why do we need a constutional amendment and who can change the constitution.

Let’s start with Why does the constitution change?

We live in a world that is changing and transforming rapidly every day. States, society and
individuals are also affected by this and need to update themselves. constitutions are also like
this, need to be changed to be suitable for the conditions of the developing world.

So, who can change the constitution?

The authority to make amendments to the Constitution is given to the “secondary constituent
power”, which is one of the established powers. For türkiye, secondary constituent power
is the great national assembly of Türkiye.

the secondary constituent power must make constitutional amendments in accordance with the
constitutional rules that it will change. for example: we can give an example of the
“constitutional amendment procedures” described in Article one hundred seventy fifth
of the nineteen eighty two Turkish Constitution.

Finally, How does the constitution amend?

the amendment is made by changing or removing the articles of the existing constitution
(according to the turkish constitution, the first three unalterable articles are invalid) and
adding new provisions. each country may set different rules and restrictions for constitutional
amendments.

now let's look at how the constitutional amendment is made according to the Turkish
constitution of nineteen eighty two
the proposal stage.

According to the first paragraph of Article one hundered and five of the Turkish Constitution,
"A constitutional amendment may be proposed in writing by at least one-third of the total
number of members of the Grand National Assembly.”

* In other words, since the total number of members is six hundered, the constitutional
amendment proposal submitted in the form of a motion must have the signatures of at
least two hundered members.*

the authority for proposals belongs only to deputies.

Constitutional amendments may be proposed for other articles except for the first three
articles of our Constitution.(However, the Constitutional Court's decision dated June five,
two thousand eight, ruled that Article four is an immutable article.)

the interview stage.

Proposals for constitutional amendments are first discussed at the Constitutional Commission.
It is examined and reported here and sent to the Speaker of the Assembly.Then it is presented
to the General Assembly.
interviews are held twice and the second interview cannot be started before forty eight hours
after the end of the first interview.”* the reason for this is that decisions on constitutional
amendments are not taken quickly and these decisions are evaluated more seriously.*

the first interview an interview is held about the entire constitutional amendment proposal.

A secret ballot is held on the articles of the proposed constitutional amendment.Each article
must be adopted by at least three-fifths of the total number of members of the Grand National
Assembly (three hundered and sixty votes). Articles that do not reach this number be rejected
at the first interview.

the second interview there is no re-interview for the items. Proposals for amendments to the
articles are discussed.The amendment motion is first voted on by a signal vote. If accepted, it
will be voted on by secret ballot. And this secret ballot is held one by one for each item.

It is necessary to keep the vote held in secret for the adoption of the constitutional amendment
proposal.* The reason is that the legislator wants the deputies to make objective decisions
away from the pressure of their parties.*
the approval stage.

The approval stage is the final stage. The nineteen eighty two Constitution gave the approval
authority to the President and the public.

The decision stage is the finalization of the acceptance or rejection of the amendment
proposal after the discussions held at the General Assembly of the Grand National Assembly
of Türkiye.

The form of approval of the adopted law varies according to the number of votes.

1. Probability: The adoption of the amendment with three hundered and sixty- three hundered
and ninety nine votes:

The president cannot sign this law and put it into effect.

the president either sends it back to GNA for reconsideration or submits it to a referendum.if
the amendment is returned with the same percentage of votes, a referendum will be held on
the amendment.

2. Probability: The amendment will be adopted by four hundered or more votes;

The President may sign and enact this law, brings it to a referendum or return it to GNA.

If it is accepted by at least a three-fifths majority when it is sent back to the GNA, the
President must submit the law to a referendum.(Qualified Veto)

If it is adopted by at least a two-thirds majority, the President either approves the law or
submits it to a referendum. (Suspensive Veto)

if the result of acceptance is obtained in the referendum, the constitutional amendment

becomes final.

The laws approved by the President are announced in the Official Gazette and entered into
force.