|Wednesday, 7 December 2022|
THE CONSTITUTION OF THE REPUBLIC OF TURKEY
I. Amendment of the Constitution, Participation in Elections and Referenda
ARTICLE 175. (As amended on May 17, 1987)
The constitutional amendment shall be proposed in writing by at least one-third of the total number of members of the Turkish Grand National Assembly. Proposals to amend the Constitution shall be debated twice in the Plenary Session. The adoption of a proposal for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.
The consideration and adopting of proposals for the amendment of the Constitution shall be subject to the provisions governing the consideration and adoption of legislation, with the exception of the conditions set forth in this article.
The President of the Republic may refer the laws related to the Constitutional amendments for further consideration. If the Assembly adopts the draft law referred by the President by a two-thirds majority, the President may submit the law to referendum.
If a law is adopted by a three-fifths or less than two-thirds majority of the total number of votes of the Assembly and is not referred by the President for further consideration, it shall be published in the Official Gazette and shall be submitted to referendum.
A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Turkish Grand National Assembly directly or if referred back by the President for further consideration, or its articles as considered necessary may be submitted to a referendum by the President. Laws or related articles of the Constitutional amendment not submitted to referendum shall be published in the Official Gazette.
Laws related to Constitutional amendment which are submitted to referendum, shall require the approval of more than half of the valid votes cast.
The Turkish Grand National Assembly, in adopting the laws related to the Constitutional amendment, shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually.
Every measure including fines shall be taken to secure participation in referenda, general elections, by-elections and local elections.
II. Preamble and Headings of Articles
ARTICLE 176. The Preamble, which states the basic views and principles underlying the Constitution, shall form an integral part of the Constitution.
The headings of articles merely indicate the subject matter of the articles, their order, and the connections between them. These headings shall not be regarded as a part of the text of the Constitution.
III. Entry into Force of the Constitution
ARTICLE 177. On its adoption by referendum and its publication in the Official Gazette, this Constitution shall become the Constitution of the Republic of Turkey and shall come into force in its entirety, subject to the following exceptions and the provisions relating to their entry into force:
a. The provisions of Part II, Chapter II relating to personal liberty, to security, the press, publication and the media, and the right to freedom of assembly.
The provisions of Chapter III, relating to labour, collective agreements, the right to strike, and lockout.
These provisions shall come into force when the relevant legislation is promulgated, or when the existing legislation is amended, and at the latest, when the Turkish Grand National Assembly assumes its functions. However until their entry into force, existing legislation and the decrees and decisions of the Council of National Security shall apply.
b. The provisions of Part II relating to political parties and the right to engage in political activities, shall come into force on the promulgation of the new Political Parties Act, which is to be prepared in accordance with these provisions.
The right to vote and stand for election shall come into force on the promulgation of the Elections Act, also to be prepared in accordance with these provisions.
c. The provisions of part III, relating to legislative power:
These provisions shall come into force on the proclamation of the results of the first general elections. However, the provisions relating to the functions and powers of the Turkish Grand National Assembly which take place in this section shall be exercised by the Council of National Security until the Turkish Grand National Assembly assumes its functions, the provisions of Act No. 2485 of 29 June 1981 on the Constituent Assembly being reserved.
d. The provisions of Part III relating to the functions and powers of the President of the Republic and to the State Supervisory Council under the heading “President of the Republic”; to regulations, National Defence, procedures governing emergency rule under the heading “Council of Ministers”; to all other provisions under the heading “Administration”, except local administration, and except the Atatürk High Institution of Culture, Language and History; and all the provisions relating to the judiciary, except the Courts of the Security of the State, shall come into force on publication in the Official Gazette of the adoption by referendum of the Constitution. The provisions relating to local administrations and to the Courts for State Security shall come into force on the promulgation of the relevant legislation.
e. If new legislation, or amendments to existing legislation are required in connection with the constitutional provisions which are to come into force on the proclamation of the adoption by referendum of the Constitution or in connection with existing or future institutions, organisations and agencies, the procedure to be followed shall be subject to those provisions of existing laws which are not unconstitutional, or to the provisions of the Constitution, in accordance with Article 11 of the Constitution.
f. The second paragraph of Article 164 regulating the procedure for the consideration of draft final accounts shall come into force in 1984.
PROVISIONAL ARTICLES NOT INCLUDED IN THE CONSTITUTION OF THE REPUBLIC OF TURKEY
Provisional article of Law No. 4709 dated October 3, 2001
PROVISIONAL ARTICLE: A) The sentence added to Article 67 of the Constitution as the last paragraph of Article 24 of this Law shall not be implemented during the first general elections to be held following the enactment of this Law.
B) The amendment made to Article 87 of the Constitution through Article 28 of this Law shall not be implemented for those who committed activities covered under Article 14 of the Constitution prior to the enactment of this Law.
Provisional article of Law No. 4777 dated December 27, 2002
PROVISIONAL ARTICLE 1. The last paragraph of Article 67 of the Constitution of the Republic of Turkey shall not be implemented in the first by-elections to be held during the 22nd Term of the Turkish Grand National Assembly.
(After being drafted by the Consultative Assembly, the Constitution of the Republic of Turkey was accepted by 92% of the Turkish public in a referendum on November 7, published in Official Gazette no. 17863, dated November 9, 1982.)
(We thank the Ministry of Justice for their valuable contribution)
Parts of the Turkish Constitution: Previous
Preamble, Part I, Part II: Chapter 1, Chapter 2, Chapter 3, Chapter 4, Part III: Chapter 1, Chapter 2, Chapter 3, Part IV, Part V, Part VI, Part VII, Index