1924 Constitution

The 1924 Constitution is the Teşkilâtı Esasiye Kanunu adopted on 20 April 1924 and is the second constitution of the Republic of Türkiye. Considering that the 1921 Constitution was drafted under extraordinary conditions did not regulate fundamental rights and freedoms and functioned as a temporary document alongside the 1876 Kanun-i Esasi, the 1924 Constitution effectively serves as the first constitution of the Republic. It abolished the 1876 Kanun-i Esasi (Art. 104), established the legal framework of the new state, and institutionalized the political regime following the proclamation of the Republic (29 October 1923) and the abolition of the Caliphate (3 March 1924). The constitution, proposed with 108 articles and enacted with 105, remained in force until 1960. It was based on the principles that sovereignty belongs unconditionally to the nation (Art. 3), the state is a republic (Art. 1), and the Grand National Assembly of Türkiye (TBMM) exercises sovereignty as the sole representative of the nation (Art. 4).

The constitution established a semi-parliamentary system between a parliamentary government and a pure parliamentary system, concentrating legislative and executive powers in the TBMM (Art. 5), regulating judicial independence (Art. 54), and defining fundamental rights and freedoms in a limited manner (Arts. 68–88). The inclusion of the principle of secularism through amendments in 1928 and 1937, the granting of voting and eligibility rights to women in 1934, and the Turkification of the constitution in 1945 enabled the constitution to adapt to the revolutionary transformations of the Republic. While providing a stable framework during the single-party period, the constitution continued to be applied during the multi-party period after 1946, but due to the weakness of its oversight mechanisms, it contributed to political crises until 1960.

Historical Background

The drafting of the 1924 Constitution was shaped by the political and social struggles during the founding process of the Republic of Türkiye. The TBMM, convened in Ankara on 23 April 1920, was established as a body with extraordinary powers, yet intense conflict emerged between monarchist and caliphate supporters and modernist republicans led by Mustafa Kemal. The principle of national sovereignty meant for republicans the supremacy of the nation, while for conservatives it signified the preservation of the Caliphate and Sultanate. The Nisab-ı Müzakere Law of 5 September 1920 legally codified the conservatives’ demand to preserve the Caliphate and Sultanate (Art. 1); the Extraordinary Article added to the 1921 Constitution continued this understanding.

The formation of the executive branch was also contentious. Under the law of 2 May 1920, ministers were individually elected by the Assembly; however, the amendment of 4 November 1920 allowed ministers to be selected from candidates proposed by the Assembly President. The 1921 Constitution stipulated that the Assembly President was the natural head of the government (Art. 9), but conservatives attempted to limit the President’s powers by proposing a cabinet system on 24 November 1921. The Law No. 244, adopted on 8 July 1922, provided that the Prime Minister and ministers be elected separately by the Assembly.

The abolition of the Sultanate (1 November 1922), the Treaty of Lausanne (24 July 1923), the proclamation of the Republic (29 October 1923), and the abolition of the Caliphate (3 March 1924) created the conditions for drafting the constitution. With the proclamation of the Republic, the President was to be elected by the Assembly (Art. 10), and the government was to be formed by the President and the Council of Ministers (Art. 12); the abolition of the Caliphate broke conservative resistance.

Drafting and Adoption Process

The 1924 Constitution was drafted by the TBMM rather than a special constituent assembly. A committee of twelve members prepared the draft, drawing on the constitutions of France and Poland, while deliberately avoiding models from the United States and Switzerland. The committee’s spokesperson, Celal Nuri Bey, emphasized that the constitution was the result of five years of national struggle and was written by the Turkish nation.

Meetings debated the quorum for sessions and decision-making. The proposal to require two-thirds of total membership for decisions was rejected; instead, it was accepted that the Assembly could convene with a simple majority (at least 145 members) and make decisions with the vote of two-thirds of those present (at least 97 votes). Voting was generally conducted by show of hands, and since open voting was not mandatory, the number of votes supporting each article remains uncertain. On 20 April 1924, the entire constitution was adopted by show of hands with “an overwhelming majority close to unanimity.” Presented with 108 articles, it was enacted with 105 and abolished the 1876 and 1921 constitutions (Art. 104).

The constitution consists of six parts:

1. Fundamental Provisions (Arts. 1–8): The state is a republic and sovereignty belongs unconditionally to the nation.
2. Legislative Power (Arts. 9–30): The structure and powers of the TBMM are defined.
3. Executive Power (Arts. 31–52): The duties of the President and the Council of Ministers are specified.
4. Judicial Authority (Arts. 53–67): The powers of independent courts are regulated.
5. Public Rights of Turks (Arts. 68–88): Fundamental rights and freedoms are defined in a limited manner.
6. Miscellaneous Provisions (Arts. 89–105): Administrative structure, civil service, and finance are regulated.

Fundamental Principles and Government System

The 1924 Constitution adopted the principles that the state is a republic (Art. 1), sovereignty belongs unconditionally to the nation (Art. 3), and the TBMM exercises sovereignty as the sole representative of the nation (Art. 4). Legislative and executive powers were concentrated in the TBMM (Art. 5); legislative power was exercised directly by the Assembly, while executive power was exercised by the President and the Council of Ministers (Arts. 6–7). The right to justice was exercised by independent courts on behalf of the nation (Art. 8).

The government system is described as a “semi-parliamentary system” between a parliamentary government and a pure parliamentary system. The exclusive exercise of sovereignty by the TBMM (Art. 4), the absence of a dissolution power for the executive, and the concentration of legislative and executive powers in the Assembly reflect elements of a parliamentary government. However, the President’s role in government formation (Art. 44), the requirement for government confidence votes (Art. 44), the collective responsibility of the Council of Ministers (Art. 46), and the President’s immunity from liability (Art. 39) are mechanisms characteristic of a parliamentary system. This structure softened the principle of separation of powers through parliamentary mechanisms.

Legislative Powers

The TBMM holds the power to enact, amend, and repeal laws; approve budgets and final accounts; declare war; proclaim amnesties; conclude treaties; approve or revoke privileges; mitigate punishments; and carry out final death sentences (Art. 26). Constitutional amendments may be proposed by one-third of the members and adopted by a two-thirds majority; any proposal to change the republican form of the state is prohibited (Art. 102). The right to propose legislation belongs to members of parliament and the Council of Ministers (Art. 15). The Assembly exercises its powers of questioning, interpellation, and investigation within the framework of its internal regulations (Art. 22). Elections are held every four years; early elections are possible with a simple majority of the total membership (Art. 25). A two-tier electoral system was applied until 1946, after which a single-tier system was adopted (Art. 9).

Executive Powers

Executive power is exercised by the President and the Council of Ministers. The President is elected by the Assembly from among its members for a term and may be re-elected (Art. 31). As head of state, the President presides over ceremonies for the Assembly and, when necessary, the Council of Ministers, but may not participate in Assembly debates (Art. 32). The President promulgates laws within ten days; if he finds them unsuitable, he may return them to the Assembly with reasoned objections; if the Assembly re-adopts them, promulgation becomes mandatory (Art. 35). Decrees are valid only with the signatures of the Prime Minister and the relevant minister (Art. 39). The President is answerable to the Assembly only for treason against the state (Art. 41).

The Prime Minister is appointed by the President from among Assembly members; other ministers are selected by the Prime Minister and submitted to the Assembly for approval by the President. The government must present its program and request a vote of confidence within one week (Art. 44). The Council of Ministers is collectively responsible for general policy and individually responsible for matters within their respective jurisdictions (Art. 46).

Judicial Powers

The right to justice is exercised by independent courts on behalf of the nation (Art. 8). The establishment, duties, and powers of courts are regulated by law (Art. 53). Judges are independent of any interference outside the law and are subject only to the law; court decisions cannot be altered by the Assembly or the Council of Ministers (Art. 54). Judicial security is guaranteed, and removal from office is regulated by law (Art. 55). Trials are public, but may be closed by law (Art. 58). A Constitutional Court was not provided for, but the provision that “no law may be contrary to the Constitution” (Art. 103) sparked debate over whether courts possessed the power of constitutional review. In practice, such review was not carried out.

Fundamental Rights and Freedoms

Fundamental rights and freedoms were regulated under the title “Public Rights of Turks,” but within a limited scope (Arts. 68–88). The Constitution states that all individuals are born free, that liberty entails the right to do anything that does not harm others, and that the limits of liberty are defined by law (Art. 68). The principle of equality before the law is adopted, and privileges based on class or individual status are prohibited (Art. 69). Personal inviolability, freedom of conscience, thought, speech, publication, travel, contract, work, property, assembly, association, and formation of companies are recognized (Art. 70), but criteria such as proportionality or the essence of the right were not provided for limitations. Life, property, honor, and domicile are inviolable (Art. 71); torture, confiscation, and forced labor are prohibited (Art. 73). Freedom of religion and conscience is recognized subject to conditions of public security and morality (Art. 75). The press is free within the framework of the law and cannot be subject to prior censorship (Art. 77). Primary education is compulsory and free in state schools (Art. 87). The constitutional guarantee of rights remained weak, granting broad discretionary powers to the legislative body.

Constitutional Amendments

Over its 36-year period of validity, the 1924 Constitution was amended seven times:

• 1928 (Law No. 1222): The provision stating Islam as the state religion and religious formulas in oaths were removed; authority to implement Sharia rulings was abolished.
• 1931 (Law No. 1893): The date for submitting the budget law was changed.
• 1934 (Law No. 2559): Women were granted the right to vote and stand for election; the voting age was raised from 18 to 22.
• 1937 (Law No. 3115): The principles of secularism, republicanism, nationalism, populism, statism, and revolutionism were added.
• 1937 (Law No. 3272): Provisions on political advisory positions were abolished.
• 1945 (Law No. 4695): The constitution was Turkified.
• 1952: The Turkification was reversed and the original text restored.

Problematic and Compatible Aspects

During the single-party period (1924–1946), the constitution provided a framework for the consolidation of reforms and was applied without modification during the multi-party period after 1946. Its flexible structure provided stability during the Great Depression, the Second World War, and the rise of fascist regimes in Europe.

However, the constitution generated problems due to the weakness of its oversight mechanisms. The absence of a Constitutional Court, the lack of protection for fundamental rights and freedoms, deficiencies in judicial independence, and the unicameral system contributed to increasing political pressures in the 1950s. The establishment of Parliamentary Investigation Committees in 1960 revealed the constitution’s lack of checks and balances. Proposed solutions included the creation of a Constitutional Court, adoption of a bicameral system, strengthening judicial independence, and improving legislative oversight mechanisms.