Constitutional process in Turkey

The constitutional process in Turkey begins with Sened-i İttifak in 1808 and continues today. Sened-i İttifak prepared by Alemdar Mustafa Pasha, in period of Mahmut II was signed on September 29, 1808 among Rumelian and Anatolian chief men and the Ottoman State in order to make the central authority dominant at the provinces. This document is agreed to the first "constitutional document" in the Turkish history, because for the first time in Turkish history with Sened-i İttifak in Ottoman the state power is gotten limited. Imperial Edict of Reorganization prepared by Mustafa Reshid Pasha on November 3, 1839 in period of Abdülmecit was declared. The sovereign with this imperial edict swore he was going to adapt to policies declared on imperial edict and laws to be put. Hatt-ı Hümayun that was complementary and reinforcing of this imperial edict was declared as "edict" in 1856 by Abdülmecit. Eggheads and writers growing up in the period of Tanzimat and known as The Young Ottomans began to defend constitutionalism government by being affected from Europe and they brought Abdülhamit II instead of him, by taking down Abdülaziz from throne in order to get constitutionalism declared. On December 23, 1876 it was passed to constitutionalism by being declared Kanun-i Esasî Mithat Pasha prepares. Kanun-i Esasî is amditted as a constitution according to criteria. In accordance with 113th article of Kanun-i Esasî that was the first constitution of Turkish history and consisting of 12 sections and 119 articles, the sovereign could suspend constitution on extraordinaries conditions. Abdülhamit II suspended constitution by showing why Russian wars in 1877. A result of the military insurrection in 1908, Abdülhamit II constituted the Constitution of 1876 again and so the period of Constitutionalism II began. it was made important changes on constitution in 1909 after Abdülhamit II taken down from throne after in 1909 31 March Incident happened. By these changes, Constitution of 1876 became a constitution of limited parliamentarian monarchy. With İstanbul is occupied on March 16, 1920 after Ottoman State is beat in World War I, Chamber of Deputies of the Ottoman Empire gathered for last time on March 18, 1920 and took a break from its workings. After Damad Ferid Pasha got Meclis-i Mebusan abrogated on April 11, 1920, on April 23, 1920 the first Grand National Assembly gathered in Ankara. The Assembly admitted Turkish Constitution of 1921. With changes made on law of Teşkilât-ı Esasîye that was only tender constitution of The Republic of Turkey elements such as regime, the religion, the language, the capital, president of the state were designated. because of officially not being repealed Kanun-i Esasi of 1876, Law of Teşkilât-ı Esasîye not detailed at degree to pay needs of a new state, new period Grand National Assembly of Turkey remained face to face with question to do a new constitution. New Law of Teşkilât-ı Esasîye ( Constitution of 1924) was admitted on day April 20, 1924. Constitution of 1924 is more pliant to Constitution of 1921 in the unity powers and a taken important step aimed at parliamentarin regime. Constitution of 1924 remained in effect until 1961. On May 27, 1960, a group of officers named National Union Committee confiscated management. By being founded Founder Assembly for being done a new constitution, new constitution was allowed to prepare this assembly. On July 9, 1961 referendum was performed and Constitution of 1961 by 61.5% in result of the vote was admitted. To ends of 1960s in Turkey result of political intensity events increase and these can not be obstructed Chief of Staff President and Force Commanders on 12 March 1971 forced Demirel prime minister of the period resignation. With Demiral resigns a "non-partisan" government in army support was founded and change on constitution was made. Army on 12 September 1980 because of 12 March Diplomatic Note does not give conclusions expected consfiscated management. "Founder Assembly" in order to make a constitution with law enacted on 29 June 1981 was created. This assembly that consisted of The Turkish National Security Council Consultation Assembly presented to public opinion on 7 November 1982 constitution it prepares. Constitution by 91.37% has been admitted and it has been published.

Constitutional developments in the Ottoman State

Sened-i İttifak (The Bill of Alliance)

Ruse chief man Alemdar Mustafa Pasha put Mahmud II on the throne result of Selim III is killed while Selim III wants to enthrone again, after, he himself became grand vizier. Losing its authority at the provinces, the Ottoman State was performed a big meeting called "meşveret-i amme" among Ottoman and chief men at Kâğıthane on 29 September 1808 so as to undergird its power at the provinces by going to agreement way with Rumelian and Anatolian chief men who did not recognize the central authority. It was signed a document given the name "Sened-i İttifak" between each two portions on 7 October 1808. Signed, the document went into effect being certified by the sovereign. This document consists of an introduction, seven provisions and an addition.

On part of Introduction: It is voiced that Ottoman state order is broken, state authority is jolted and so as to the state strengthens, upon this condition is observed by sides meetings are performed and ...

On part of seven conditions those who signed the bill: it is written that they will recognize that the sovereign was basis of the state; that they will comply with soldiers gathered are written as soldier of the state, care of the treasure and protection of state incomes; that they will admit every decrees coming from vizier as a decree coming from the sovereign and will not defy him; they will come to the capital and will suppress those being revolted without being summoned if discord and disturbance in the capital takes place; that they admitted that they will behave justly in that poors and ... would be taxed at accidents where were under their administration of dynasties.

On part of zeyl (addition) after this for the bill to be applied regularly it is projected that they sign the bill as soon as those who were going to become vizier and Sheikh ul-Islam cross onto their post. Importance of Sened-i İttifak comes from that the sovereign of Ottoman had restricted his warrants with an official document for the first time and that it would be seen as agreement to be said a written constitution among ruler and chief men. Admitted either as the step taken toward comprehension of law state, this document was of constitutional nature and is accepted "a document that was of constitutional" because of not its being a constitution in shape. Mistaked for Magna Carta signed in England on date 1215, Sened-i İttifak (The Bill of Alliance) seems like this agreement as content but shows differences in atmosphere of being prepared. As agreement of Magna Carta comes to being result of an insistence of barons chief men whom were parties of Sened-i İttifak have not a such insistence, request.

The period of time of Tanzimat

Sultan Abdülmecit who crossed onto the throne after II. Mahmoud made Imperial Edict of Tanzimat (Gülhane Hatt-ı Hümayun) which was first rank of crossing to western law rules which on 3 November 1839 Mustafa Reshid Pasha readied declared in Gülhane Park. While the firman was declared, the sovereign, ministers, soldiers and civil top executives of the state, Greek and Armenian patriarches, Jewish rabbi are present guilds organization' representatives and envoys as listeners. The firman was not proclaimed as a result of constraint or people revolution of some sets. Representing the first reaction of revolution moves spread into Europe with French Confusion in Ottoman Empire, Firman of Tanzimat paid lead to developments not to be despised in various law branches such as criminal law, administrative law and mercantile law from a legal point. On the firman it is specified that new laws should be enacted for the state to be administered well. This firman that had not a content of condition-by-condition or article-by-article sheltered in many policies related to state power is used and is limited as well as it brought many fundamental rights and freedom to Ottoman people. These policies may be summarized so:

Principle of tax according to financial power: Procedure of land tenure and it has been specified that everyone is going to give tax according to his and/or her financial power.
Principle of Legality of State Outlays:
The justice at receiving soldier: ...
Assurances related to criminal jurisdiction: "Right to be judged" or comprehension of "Criminal to anybody without being judged can not give" has been adopted. It has been explained that cases of those whom commit an offense are going to be performed as stated by laws, and it has been declared that criminal of execution about nobody is going to be applied as long as there is not a court decision neither. The sovereign revolved authorization of giving customary criminals to courts.
Safety of heart [Emniyet-i Can): Procedures to be tried aimed at people stated on the edict are on safety of heart.
Immunity of chastity and honor (Mahfuziyet-i Irz ve Namus): It has been stated that glory and dignity of everybody is going to be preserved.
Right of property (Mahfuziyet-i Mal): Tanzimat Edict recognized goods immunity, to everybody by this principle. Everyone is going to have right to property, this right is going to be saved by the state.
Act of confiscation: Confiscation system that incapacitates his or her heiresses from his or her goods was completely removed by this principle, in that somebody committed an offense, and the person by this principle is going to be able to band his or her goods down.
The principle of the equality:

External links

Media related to Ottoman Empire at Wikimedia Commons