THE CONSTITUTION OF THE REPUBLIC OF TURKEY THE ...

THE CONSTITUTION OF THE REPUBLIC OF
TURKEY
THE CONSTITUTION OF THE REPUBLIC OF TURKEY
PREAMBLE (Updated)


In line with the concept of nationalism and the reforms and principles
introduced by the founder of the Republic of Turkey, Atatürk, the immortal
leader and the unrivalled hero, this Constitution, which affirms the
eternal existence of the Turkish nation and motherland and the indivisible
unity of the Turkish state, embodies;

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 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 principle of the separation of powers, which does not imply an order
of precedence among the organs of state, but refers solely to the
exercising of certain state powers and discharging of duties which are
limited to cooperation and division of functions, and which accepts the
supremacy of the Constitution and the law;

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; the acknowledgment that it is the birthright of every Turkish
citizen to lead an honourable life and to develop his or her material and
spiritual assets under the aegis of national culture, civilization and the
rule of law, through the exercise of the fundamental rights and freedoms
set forth in this Constitution in conformity with the requirements of
equality and social justice;

The recognition that all Turkish citizens are united in national honour
and pride, in national joy and grief, in their rights and duties regarding
national existence, in blessings and in burdens, and in every manifestation
of national life, and that they have the right to demand a peaceful life
based on absolute respect for one another's rights and freedoms, mutual
love and fellowship and the desire for and belief in "Peace at home, peace
in the world".

This Constitution, which is to be embraced with the ideas, beliefs, and
resolutions it embodies below should be interpreted and implemented
accordingly, thus commanding respect for, and absolute loyalty to, its
letter and spirit.

Is entrusted by the Turkish nation to the patriotism and nationalism of
its democracy-loving sons and daughters.



PART ONE

GENERAL PRINCIPLES



I. Form of the State

ARTICLE 1. The Turkish State is a Republic.

II. Characteristics of the Republic

ARTICLE 2. 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.

III. Integrity of the State, Official Language, Flag, National Anthem,
and Capital

ARTICLE 3. 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.

IV. Irrevocable Provisions

ARTICLE 4. 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 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, social and economic 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 the 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 is vested fully and unconditionally in the
nation.

The Turkish Nation shall exercise its sovereignty through the authorised
organs as prescribed by the principles laid down in the Constitution.

The right to exercise sovereignty shall not be delegated to any
individual, group or class. No person or agency shall exercise any state
authority which does not emanate from the Constitution.

VII. Legislative Power

ARTICLE 7. Legislative power is vested in the Turkish Grand National
Assembly on behalf of the Turkish Nation. This power cannot 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 and the Council of Ministers in
conformity with the Constitution and the law.

IX. Judicial Power

ARTICLE 9. Judicial power shall be exercised by independent courts on
behalf of the Turkish Nation.

X. Equality before the Law

ARTICLE 10. (As amended on May 7, 2010)

All individuals are equal without any discrimination before the law,
irrespective of language, race, colour, sex, political opinion,
philosophical belief, religion and sect, or any such considerations.

Men and women have equal rights. The State shall have 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 taken for the protection of children, the elderly, disabled
people, widows and orphans of martyrs as well as for invalid and veterans
would not be considered a violation of the principle of equality.

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

State organs and administrative authorities shall 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 in conflict with the Constitution.

PART TWO

FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER ONE

GENERAL PROVISIONS



I. Nature of Fundamental Rights and Freedoms

ARTICLE 12. Everyone possesses inherent fundamental rights and freedoms
which are inviolable and inalienable.

The fundamental rights and freedoms also comprise the duties and
responsibilities of the individual to the society, his or her family, and
other individuals.

II. Restriction of Fundamental Rights and Freedoms

ARTICLE 13. (As amended on October 17, 2001)

Fundamental rights and freedoms may be restricted only by law and in
conformity with the reasons mentioned in the relevant articles of the
Constitution without infringing upon their essence. These restrictions
shall not be in conflict with the letter and spirit of the Constitution and
the requirements of the democratic order of the society and the secular
Republic and the principle of proportionality.

III. Prohibition of Abuse of Fundamental Rights and Freedoms

ARTICLE 14. (As amended on October 17, 2001)

None of the rights and freedoms embodied in the Constitution shall be
exercised with the aim of violating the indivisible integrity of the state
with its territory and nation, and endangering the existence of the
democratic and secular order of the Turkish Republic based upon human
rights.

No provision of this Constitution shall be interpreted in a manner that
enables the State or individuals to destroy the fundamental rights and
freedoms embodied in the Constitution or to stage an activity with the aim
of restricting them more extensively than stated in the Constitution.

The sanctions to be applied against those who perpetrate these
activities in conflict with these provisions shall be determined by law.

IV. Suspension of the Exercise of Fundamental Rights and Freedoms

ARTICLE 15. (As amended on May 22, 2004)

In times of war, mobilization, martial law, or state of emergency, the
exercise of fundamental rights and freedoms can be partially or entirely
suspended, or measures may be taken, to the extent required by the
exigencies of the situation, which derogate the guarantees embodied in the
Constitution, provided that obligations und