In theory the Moslem majority formed a community headed by the Seyhülislam and the Caliph. Ideologically, these Moslems felt themselves closer to the imperial government than non-Moslems, but lacking the organizational unity of the minorities they were at a relative disadvantage in bringing their grievances before the Sultan. Moreover, as Moslems the Arabs of the Empire did not form a millet, but as Arabs they occupied a position inferior to that of the Ottoman conquerors. As the Empire weakened and European influence in its affairs increased, certain millets became closely identified with foreign powers. France became the protector of the Roman Catholic and the Uniate churches, Russia of the Eastern Orthodox millet. In the late 19th century both England and the United States acted at times on behalf of the Jewish millet. Individual members were sometimes given berats (certificates of protection) by foreign diplomatic or consular officials, which, under the capitulations system gave them immunities similar to those enjoyed by foreign nationals. The capitulations were granted originally to facilitate commercial relations, but abuses of them by foreign powers and holders of berats made them a constant irritation (see ch. 3, Historical Setting). After the 18th-century wane of Ottoman power thousands of foreign nationals living in Turkey enjoyed privileged status, and, as aliens, they transmitted their status to the locallyborn descendants. Thousands more from the millets carried berats, in some cases passing them on (with the consent of the issuing power) to their children and grandchildren. The capitulations and berats granted by a powerful Empire had become reversed, for as the Empire declined they became a humiliating derogation of independence. THE PATTERN OF CONSTITUTIONAL REFORM Constitutional Transition from Sultanate to Republic Prior to 1876 there were some efforts at reform in response to these increasingly pressing problems of minority unrest. A combination of these pressures and resentment against political corruption finally brought about the adoption of the Constitution of 1876. This Constitution gave the Empire its first comprehensive fundamental law and its first elected Parliament (see ch. 3, Historical Setting). After a year under this new system parliament was disbanded by Sultan Abdulhamid who then ruled without benefit of constitution until the Young Turk Revolution of 1908 forced him to restore the 1876 Constitution. This period, lasting until 1922, represented an attempt at a constitutional monarchy based on the concept that sovereignty belonged to the Sultan rather than the people. It was this central concept that was challenged by the revolution. By 1922 the Republic of Turkey had emerged from a bloodless revolt. The Kemalist government, the rudiments of which had been set up in Anatolia in 1919, had professed loyalty to the Sultan's government while implementing its own policies, but had gradually become openly rebellious against the government in Constantinople. The roots of the rebellion lay in conviction of Kemal Atatürk and his followers, that sovereignty resided in the nation itself and not in the Sultanate. By 1923 3 months after the Treaty of Lausanne, the Kemalists had enough power to force the Grand National Assembly to proclaim the Turkish state a Republic headed by a President elected by the Assembly for the same term as its own. The Caliphate itself was abolished in March 1924, and the entire Ottoman Dynasty was proscribed. Proclaiming that sovereignty rested unconditionally with the nation, the 1924 Constitution provided that only the Grand National Assembly could represent the nation or exercise sovereignty in its name. The Grand National Assembly had both legislative and executive powers and was granted the power to pass, amend and revoke laws, enter into foreign agreements, declare war and peace, approve or abolish agreements with financial obligations, alter and defer judicial sentences, and exercise numerous other powers. The President was to be chosen by the Assembly from among its members. He then selected the Prime Minister (again from the Assembly) who appointed the other ministers and submitted their names to the President for approval. After the President's approval the Grand National Assembly had to give a vote of confidence before the new cabinet could take office. Under this Constitution of 1924 the Republic of Turkey continued with major governmental change until 1960. The National Unity Committee On the 27th of May, 1960, a group of 38 officers called the National Unity Committee (NUC-Milli Birlik Komitesi) led a coup d'état that toppled the government of the Democrat Party. A Provisional Constitution was immediately ratified, presenting an adjusted version of the 1924 Constitution, and stating that the Grand National Assembly had lost its legality through violations of the constitution by the party in power. Maintaining that its actions were justified by its duty to protect the Republic and country, the army dissolved the Grand National Assembly and entrusted the sovereignty of the nation to the National Unity Committee until such time as a new constitution could be adopted. The President of the NUC was made head of state and all powers of the Grand National Assembly were given to the National Unity Committee. The NUC immediately appointed a group of law professors to a commission to devise a new constitution for the Republic. On January 6, 1961, a Constituent Assembly, composed of the Committee and a House of Delegates, came into being. The House had 256 members, 28 elected by the Head of State and the NUC, 75 elected by the provinces through two-stage elections, 74 by political parties, and 79 by institutions such as bar associations, labor unions, universities, and the press. Cabinet officials were also among the members of this Assembly who worked to create the constitution now in effect. Constitution of the Second Republic The new constitution drawn up by the Constituent Assembly was accepted in a referendum of July 9, 1961, and promulgated as Law No. 334. Containing 157 articles and the 11 provisional articles of the National Unity Committee, it was an attempt to prevent the abuses which had been possible under the Organic Law of 1924. The Constitution divides the government so that the Grand National Assembly (Büyük Millet Meclisi) can no longer be controlled exclusively by one party. It establishes a bicameral legislature made up of a Senate and a House of Delegates, a separate executive, and an independent judiciary. The new Constitution reaffirms Kemalist ideals, lays the groundwork for a mixed economic system, and provides for expanded social welfare benefits. The constitution was modeled on the Italian Constitution of 1947 and the German (Bonn) Constitution of 1949. The constitution grants Turkish citizens fundamental rights which are listed in Section II "Rights and Duties of the Individual" and Section III "Social and Economic Rights and Duties." These rights provide for personal immunities, protection of individual privacy, and generally insure that the government cannot violate the rights of the individual without due legal process. As an example, a person taken into custody must be informed immediately in writing of the charges against him, he must be arraigned within 24 hours, and he cannot be deprived of his freedom without a court judgment. The individual is also guaranteed the right to work, to rest, to benefit from social security, and to receive education. Citizens have the right to establish political parties, enter the public service, and according to Article 62, have the further right to petition the Grand National Assembly concerning requests and complaints. The resultant action must be communicated to the petitioners in writing. Because of the possibility that eight laws (the so-called Reform Laws) passed during the period when the Constitution of 1924 was in effect might be held unconstitutional under the Constitution of 1961, the laws were specifically safeguarded by Article 153 of the new Constitution which listed them as retained (see table 12). The Reform Laws were originally enacted under the guidance of Kemal Atatürk. Acceptance of the Constitution Several tasks faced the new government under the leadership of Cemal Gürsel. Immediately after assuming power, the NUC brought a group of law professors to Ankara. On June 11, 1960, the NUC publicized a program which included development of an over-all policy and a balanced budget for the country. The new government also faced the immediate task of dealing with the fallen regime, for the committee had stated that the former officials would receive a fair trial. In spite of the many legal complications involved, care was taken to maintain the legal correctness of the procedures. Some actions of the NUC were unfavorably received, such as the removal of 147 professors from their posts in 1960, and the mandatory retirement in mid-1960 of several thousand officers considered antipathetic to the efforts of the NUC. The retirement Table 12. The Reform Laws Specifically Safeguarded by Article 153, Turkish Constitution of 1961 Date March 3, 1924.. February 17, 1926. May 20, 1928 December 3, 1934.. Law The law on unification of education. The law on closing Dervish convents and mauso- tombs, and the law on abolition and prohibition of certain titles. Conduct of the act of marriage according to Law on adoption of international numerals. Law prohibiting the wearing of certain gar- Source: Adapted from Institute of Public Administration for Turkey and the Middle East, Turkish Government Organization Manual, 1966, p. 44. of these officers was defended on the ground that it gave new energy to younger officers. The reasons for the retirements of individual officers were no clearer than those for the dismissal of the professors. On February 13, 1960, 14 of the original members of the NUC were dropped and sent to diplomatic posts abroad. This action demonstrated the division within the NUC over the main issues of the revolution; in particular, the relation of the army to politics and its role in democratic development. The majority of the members of the NUC favored the briefest possible period of military control before returning the government to the civilian leaders. Those dismissed seem to have believed that a more firmly controlled and centralized adherence to the Atatürk reforms would require a longer period of military control. The immediate cause of their expulsion was the proposal by the 14 officers to create the Turkish Ideal and Culture Union (Türkiye Ülkü ve Kültür Birliği), which would have replaced the Ministry of Education, and the Directorates of Physical Education, Pious Foundations (Vakiflar), Religious Affairs, Press and Radio. The NUC created the Constituent Assembly in January 1961, to enact a new constitution and electoral law, as well as to pass a budget and other laws. By the time the National Unity Committee returned power to a civilian government in the fall of 1961, it had accomplished several reforms. A new Constitution had been designed to safeguard the ideals of Kemal Atatürk. Steps had been taken to alleviate the chaotic state of the economy by the creation of the State Planning Organization (Devlet Planlama Teşkilati) and its incorporation into the Constitution. Since the adoption of the new constitution, there have been two attempts at military coup d'états led by Colonel Talat Aydemir in 1962 and 1963. Both failed, and Aydemir was subsequently tried and executed. By its policies the NUC has sought to make it clear that the army does not seek control of the government but rather has tried to use its influence to lead the nation back to Kemalist principles. In principle the Grand National Assembly and the agencies of the central government are to be concerned with matters of nationwide import. An apparatus of local administration, organized on the pattern of the national government, functions within the provinces and districts into which the country is divided. Government administration is in the hands of an extensive hierarchy of permanent civil servants who hold all positions below the rank of cabinet undersecretary. |