Constitution

Turkey 1982 Constitution (reviewed 2017)

Table of Contents

PART ONE. General Principles

I. Form of the State

ARTICLE 1

The State of Turkey is a Republic.

II. Characteristics of the Republic

ARTICLE 2

The Republic of Turkey is a democratic, secular and social state governed by rule of law, within the notions 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.

III. Integrity, official language, flag, national anthem, and capital of the State

ARTICLE 3

The State of Turkey, 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.

IV. Irrevocable provisions

ARTICLE 4

The provision of Article 1 regarding the form of the State being a Republic, the characteristics of the Republic in Article 2, and the provisions of Article 3 shall not be amended, nor shall their amendment be proposed.

V. Fundamental aims and duties of the State

ARTICLE 5

The fundamental aims and duties of the State are to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy, to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, economic, and social obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social state governed by rule of law; and to provide the conditions required for the development of the individual’s material and spiritual existence.

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.

The exercise of sovereignty shall not be delegated by any means to any individual, group or class. No person or organ shall exercise any state authority that does not emanate from the Constitution.

VII. Legislative power

ARTICLE 7

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

VIII. Executive power and function

ARTICLE 8

Executive power and function shall be exercised and carried out by the President of the Republic in conformity with the Constitution and laws.

IX. Judicial power

ARTICLE 9

Judicial power shall be exercised by independent and impartial courts on behalf of the Turkish Nation.

X. Equality before the law

ARTICLE 10

Everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds.

Men and women have equal rights. The State has the obligation to ensure that this equality exists in practice. Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.

Measures to be taken for children, the elderly, disabled people, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality.

No privilege shall be granted to any individual, family, group or class.

State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings.

XI. Supremacy and binding force of the Constitution

ARTICLE 11

The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals.

Laws shall not be contrary to the Constitution.