From: sera@zuma.UUCP (Serdar Argic)
Newsgroups: talk.politics.mideast,soc.culture.greek
Followup-To: soc.culture.turkish
Subject: Re: TURKISH KURDS PREFER TURKISH CONSTITUTION
Date: Sun, 10 Jan 93 19:23:55 EST
Reply-To: sera@zuma.UUCP (Serdar Argic)
Distribution: world

In article <1993Jan10.194534.20645@sci.ccny.cuny.edu> branis@sci.ccny.cuny.edu (Spiros Branis) writes:

>The Turkish Kurd stance on those 9 issues can be summarized as follows:

Ah those poor naive "paliks"? Any sources for this marvelous flight of 
imagination, "sipa II"?  Let me guess: "PKK/KGB". Now I can hook you up 
to the Turkish Constitution, "sipacik". The main legal principles of the 
Turkish State are summarized in Article 2 of the Constitution:

	"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 Ataturk, and based on the fundamental
	tenets set forth in the Preamble of the Constitution."

Freedom of culture and religion prevailed during the Ottoman Empire, allowing
the many nations and races within its boundaries to remain autonomous. The
fact that the Ottoman Empire was the longest lived in recent history may be
attributed to these freedoms, despite the lack of any written Constitution.
The first attempts to create a written Constitution occurred in 1839 and 1856.
Although the documents adopted during these two attempts remained in force
only temporarily, they provided the basic elements of a Constitution.

The 1876 Constitution was the first legal document to force a Parliament and
the right of election to share the sovereignty of the Emperor. The Constitution
of 1906 placed some additional limitations on the Emperor, while increasing
the power of the Parliament and the government.

The First World War (1914-1918) brought the Ottoman Empire to an end. By the
occupation of Istanbul, the Parliament was dissolved and the Constitution was
abolished. The members of Parliament were sent to exile to an island by the
occupying forces.

During the Independence War, the "Turkish Grand National Assembly" held their
first meeting on April 23, 1920 to serve as the legislative body of the new
Turkish state. This assembly prepared the new legal structure of the Turkish
Republic. The new Republic was proclaimed on October 29, 1923 and the new
Constitution was adopted in 1924. That Constitution served as the legal 
backbone of today's modern Turkish Republic. In 1945, Turkey adopted a 
multi-party political system. The Constitution of 1924 was replaced by
others in 1961 and 1982. All three Constitutions of the Republic have been
based on the principles of parliamentary democracy, human rights, national
sovereignty, division of powers, private ownership and secularization.

"Major Principles of the Constitution"

The constitution (with 177 Articles) establishes the structure of the Republic
within the following principles:

- The Turkish Republic is a democratic, secular and social state governed by 
  law;
- It should be governed to maintain public peace, national solidarity, justice,
  human rights and the objectives of Ataturk;
- The language of the State is Turkish;
- Sovereignty is vested in the nation without any conditions or restrictions.
  Sovereignty is exercised by organizations authorized by the nation;
- Legislative power is carried by the Parliament elected by the nation. This
  power cannot be delegated (transferred) to any one else;
- Executive power is exercised by the President, and Council of Ministers;
- Judicial power is exercised by the independent courts on behalf of the
  Turkish nation;
- All individuals are equal, irrespective of language, race, religion, color,
  sex, or political beliefs;
- Laws cannot be contradict those principles stated in the Constitution.

"Structure of the State"

In accordance with the Constitution, the structure of the state is based on the
principle of "division of power" to create a balanced and self-controlled
system. The power is divided into "legislative power," "executive power," and
"judicial power," balanced to secure freedoms and powers to control each
other (self-control).

 A. Legislative Power:

 The "Turkish Grand National Assembly" is a parliament with one House, elected
 by the nation for a term of five years to exercise legislative power on
 behalf of the nation. The basic functions of this Assembly are:

 - to adopt, to amend, or to repeal laws;
 - to approve or to dismiss the Council of Ministers;
 - to supervise and to question Ministers or the Council of Ministers;
 - to debate, to amend and to approve annual budgets;
 - to ratify international agreements;
 - to grant amnesty or pardons.

 Members of Parliament do not have any liability for their words (either oral
 or written) during the course of their legislative duties. The country is
 divided into constituencies. The number of representatives of each is
 calculated according to its population. Every Turkish citizen over the age
 of twenty-one can vote.

 Elections are supervised by the "Supreme Council of Elections," which solves
 all disputes or appeals. In each province, the local "Board of Election"
 runs and controls the election under the supervision and guidelines of the
 Supreme Council. Members of the Council and Boards are elected among 
 independent judges.

 B. Executive Power:

 The President of the Republic is the Head of State (not the head of government
 as in the Unites States). The main functions of the President are:

 - to represent the State and the Country;
 - to insure the implementation of the Constitution;
 - to coordinate legislative, judicial and executive functions;
 - act as the Supreme Commander of the Armed Forces;
 - to ratify laws and government decrees.
 
 The President is elected by the Grand National Assembly for a period of seven
 years. The President may ratify or return the laws for a second debate, may 
 call for a referendum.

 Executive power is exercised by the "Council of Ministers," headed by the
 Prime Minister. The Prime Minister is appointed by the President from the
 members of Parliament. The Prime Minister names the Ministers for approval
 by the President. The new Government (Council of Ministers) reads their
 program at the Parliament and the vote of confidence follows. There are 21 (?)
 Ministers in the Council.

 Ministers and other members of the administration can be sued in independent
 "administrative" courts for their misuse of power, administrative errors or
 functions against any law.

 C. Judicial Power:

 Judicial power is exercised by independent courts. No authority or power can
 instruct the judges or public prosecutors of the courts. These cannot be 
 discharged, replaced or retired by executive authorities except for the
 reasons clearly stated by the appropriate laws. There are three categories
 of courts in the Turkish judiciary system:

 - Courts of justice deal with legal, commercial and criminal cases. The 
   decisions of these courts may be reviewed by the supreme court of justice
   upon the appeal of the parties involved.
 - The decisions or functions of the executive power (including the Prime
   Minister and Ministers or any governmental department) can be appealed in
   administrative courts if these functions or decisions are against the law.
   The decisions of these administrative courts may also be reviewed by the
   high administrative court.

 The laws and decisions of the Grand National Assembly can be examined by the
 "Constitutional Court" if they contradict the Constitution. If found
 contradictory, this court may cancel the decisions or laws of the Parliament.

Serdar Argic

                           'We closed the roads and mountain passes that 
                            might serve as ways of escape for the Turks 
                            and then proceeded in the work of extermination.'
                                                       (Ohanus Appressian)
                           'In Soviet Armenia today there no longer exists 
                            a single Turkish soul.'    (Sahak Melkonian)