Constitution of the Republic of Turkey

“ The understanding of the absolute supremacy of the will of the nation and of the fact that sovereignty is vested fully and unconditionally in the Turkish nation and that no individual or body empowered to exercise this sovereignty in the name of the nation shall deviate from liberal democracy and the legal system instituted according to its requirements ”

“ The recognition that no protection shall be accorded to an activity contrary to Turkish national interests, the principle of the indivisibility of the existence of Turkey with its state and territory, Turkish historical and moral values or the nationalism, principles, reforms and modernism of Atatürk and that, as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics ”

“ ARTICLE 18 — Every individual shall be entitled to travel freely; this freedom can be restricted only by law for the purposes of maintaining national security or for preventing epidemics.
Every individual shall be entitled to reside wherever he choses. The freedom can be limited only by laws when necessary to maintain national security, to prevent epidemics, to protect public property, and to achieve social and economic and agricultural development.
Turkish citizens shall be free to leave and re-enter Turkey. The freedom to leave Turkey shall be regulated by law. ”

“ The determination to safeguard the everlasting existence, prosperity and material and spiritual well-being of the Republic of Turkey, and to attain the standards of contemporary civilization as an honourable member with equal rights of the family of world nations ”

“ The Turkish Grand National Assembly may empower the Council of Ministers to issue decrees having the force of law. However, the fundamental rights, individual rights and duties included in the First and Second Chapter of the Second Part of the Constitution and the political rights and duties listed in the Fourth Chapter, cannot be regulated by decrees having the force of law except during periods of martial law and states of emergency. ”

“ Citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law. No Turk shall be deprived of citizenship, unless he commits an act incompatible with loyalty to the motherland. ”

“ VI. Sovereignty Article 6- Sovereignty belongs to the Nation without any restriction or condition. The Turkish Nation shall exercise its sovereignty through the authorized organs, as prescribed by the principles set forth in the Constitution. ”

“ As regards human rights, Turkey recognises the primacy of international and European law. It has aligned itself to a large extent with international conventions and rulings, such as the complete abolition of the death penalty and the release of people sentenced for expressing non-violent opinion. Although some practical restrictions still exist, the scope of fundamental freedoms enjoyed by Turkish citizens, such as freedom of expression and assembly, has been substantially extended. Civil society has grown stronger. ”

“ It may not be generally remembered; men’s memories are so short; but it is a fact that a constitutional government was once officially proclaimed in Turkey. The plan was conceived by Midhat Pasha, then Grand Vizier, and formally approved by the Sultan. A Constitution was promulgated. A Parliament, consisting of a Senate and an elective Assembly, was created, and its first session was opened by Abdul Hamid in person on March 19, 1877. ”

“ All European powers must have hailed as a welcome consequence of the revolution of 1908 the fact that the Young Turks who forced the re-establishment of the constitution wanted to put an end to the mediæval mixture of religion and politics. The upholding of Islâm as a state-religion was on their part a concession to the old tradition, without prejudice to the complete equality of the adherents of all religions as citizens of the Turkish Empire. Re-born Turkey was to be a modern constitutional state in the full meaning of the word. For Caliphate and jihâd there was no room in such a state. ”

“ The refusal of the Porte and of the Grand Council to accept the propositions formulated at the Conference had placed Turkey in an exceedingly critical position, although the whole civilised world, with the exception of Russia and the Sultan Abdul Hamid, were convinced that this refusal was of no great importance, since the solemnly proclaimed Constitution had assured the Empire that the necessary reforms should be made, and that the maladministration should be brought to an end. ”

“ The Young Turks have the choice of two evils. They must either follow a Liberal or a Conservative policy. If they follow a Liberal policy, if they introduce Parliamentary representation, self-government, and majority rule in Turkey in general, and in Macedonia in particular, the Christians will be the majority, and it seems likely that they will then oust the Turkish minority and convert the ruling race into a ruled race. A Liberal policy will, therefore, bring about the rapid disintegration of the Turkish Empire. ”