the democratization process of turkey

8/6/2019 The Democratization Process of Turkey

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THE DEMOCRATIZATION

PROCESS OF TURKEY

26.05.2011

ERAY ARIK - 2008636009

AY E ALABO AZ - 2008636002


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CUKUROVA UNIVERSITY INTRODUCTION TO TURKISH POLITICS

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INTRODUCTIONTurkey is a system of governance in which rulers are held accountable for their actions in the public realm by citizens, acting indirectly through the competition and cooperation of their elected representatives.

Robert Dahl has offered the most generally accepted listing of what he terms the proceduralminimal conditions that must be present for modern political democracy (or as he puts it,polyarchy ) to exist:

y Control over government decisions about policy in constitutionally vested in electedofficials.

y Elected officials are chosen frequently and fairly conducted elections in whichcoercion is comparatively uncommon.

y P ractically all adults have the right to run for elective offices.y Citizens have right to express themselves without the danger of severe punishment on

political matters broadly defined.y Citizens have a right to seek out alternative sources of information. Moreover,

alternative sources of information exist and re protected by law.y Citizens also have the right to form relatively independent associations or

organizations, including independent political parties and interest groups. (ROBERTDAHL)

P hilippe C. Schmitter and Terry Lynn Karl purpose to add two others.

1. P opulary elected officials must be able to exercise their constitutional powers without

being subjected to overriding opposition from unelected officials. Democracy is in jeopardy if military officers, enternched civil servants, or state managers retain thecapacity to act independently of elected civilians or even veto decisions made by the peoples representatives. Without this additional caveat, the militarized polities of contemporary Central America, where civilian control over the military does not exist,might be classified by many scholars as democracies, just as they have been by U.S. policy makers. The caveat thus guards against what we earlier called electoralism thetendency to focus on the holding of elections while ignoring other political realities.

2. The polity must be self-governing; it must be able to act independently of constraintsimposed by some other overarching political system. Dahl and other contemporarydemocratic theorists probably took this condition for granted since they referred toformally sovereign nation-states. (SCHMITHER and KARL, s.224)

1- TURKEY GRAND NATION ASSEMBLY AND 1921 CONSTITUTION

Democratization process in Turkey improved differently from Europe and the USA. So this process in Turkey has distinctive specific features. While democratic norms and values inEurope and the USA were acquired with the struggle of people, this process in Turkey is a


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top-down movement which was realized be trained people. The majority of people in Turkeysupported the sultan until last day. It is an important difference between the processes in theUSA and Europe and the process in Turkey.

Another difference between democratization process in Turkey and the democratization process in Europe and the USA is that this process in Turkey started and kept on withIndependent War. While in Turkey the people who ruled Independent War struggled againstenemies, the institutions regarding to democracy founded and also did nonviolent revolutions(Ataturks Reforms).

The first democratization movement started with Imperial Edict of Reorganization (ImperialEdict of Glhane) and The Imperial Islhat Firmn. Then, this process continued with 1st Constitutional Era and 2nd Constitutional Era. And Turkey started real democratic processwith declaration of the republic in 1923.

1921 Constitution was arranged and accepted after 1st Battle of nn. So, it is considered asthat 1921 Constitution is a result of the victory of 1st Battle of nn (Wikipedia.org,[25.05.2011]). Unless the battle had won, we would say that this constitution was arrangedand accepted. So, I think this hypothesis is true. If we look into the feature of 1921constitution, firstly, we say that national sovereignty is essential and this sovereignty passedTurkish Nation from Ottoman Empire and besides, it documented that a new state founded politically and legally (Turkeyarena.Net, [24.05.2011]). This situation was determined at thefirst articles of the constitution (Din, 2004) ; (Wikisource.Org, [23.05.2011]). According tothese articles;

Sovereignty belongs to nation unconditionally. The form of administration is that peoplehave their own fatality directly and de facto and to govern themselves. The powers of

legislative and executive belong to Grand Nation Assembly which is just representative of nation. Turkey State is ruled by Grand Nation Assembly and government is named as Grand Nation Assembly Government (Din, 2004) ; (Wikisource.Org, [23.05.2011]).

1921 constitution is the first constitution of new Turkish State as well as the first constitutionwhich was accepted the principle of national sovereignty. Because of extraordinary conditionsthe principle of union of powers in 1921 constitution which was short-lived and furthermore,it is the first and just constitution which can change easily (Bak ml y z.Com, [24.05.2011]) ;(Turkeyarena.Net, [24.05.2011]).

In respect to this, Ergun zbudun says that the only constitution which was made by an

assembly which national will represent properly Ottoman Empire and Turkey Republic in is1921 Constitution. 1924 Constitution was made by an assembly under the sovereignty of single political party. Moreover, there was no an organized opposition party in the assembly.The Constituent Assemblies which was made 1961 and 1982 Constitutions are not assemblieswhich were constituted with an election based on general vote (zbudun, s.2.). According toBlent Tanr, 1921 Constitution is the most democratic only example of Ottoman-TurkishConstitutionalism in terms of the future of preparation and acceptance. (Tanr, s.207.). Ahmet


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Demirel says that Turkey had one of the most advanced democracies in the world between1920-1923 years (Demirel, 2000; s.6.) (Gzler, 2000; [24.05.2011]).

1924 Constitution replaced 1921 Constitution in 1924. The most important changes in 1924Constitution realized with the declaration of republic. Cabinet System was passed fromGovernment System with the declaration of republic (Turkeyarena.Net, [24.05.2011]). After Ottoman Sultanate was abolished by Turkey Grand Nation Assembly (TGNA) in 1922, the problem of regime was solved with the declaration of republic and adding to the constitutionthe article, it determined clearly that regime is republic. It is an important step for democratization. Because the sultanate is a threat against the sovereignty of nation. So thisthreat was disappeared. Other article which was added to the constitution is that the religionof the state is Islam and formal language is Turkish. Being the religion of the state show usthat new Turkish State was not secular (Bak ml y z.Com, [24.05.2011]). This situationchanged later. In 1928 the article related to religion in the constitution repealed and in 1937the principle of secularism entered the constitution. Besides, in 1925 dervish lodges, thetombs and zaviyes were closed and the activity of madrasahs was ended. They are importantevents for secularism. In addition to this, the acceptance of costume, clothes and hats to wear related to the law is important for secularism as well (Din, 2004). As I had mentioned before, in Turkey democratization movement occurred with together secularism, IndependentWar and modernization. So they are significant.

2- 1924 CONSTITUTION

1924 Constitution was accepted on April 20, 1924 and 1921 Constitution repealed from theforce. 1924 Constitution which was made some changes later was in force until 1961. It wasaccepted again by translating Turkish without changing in the contents (Wikipedia.Org,[25.05.2011]). Some writers accept it as 1945 Constitution. But on December 24, 1952 thisconstitution which was translating Turkish repealed and 1924 Constitution was put in force(Gzler, [25.05.2011]). 1924 Constitution was applied in different political atmosphere. It wasin force in the period single party dominated as well as while we was passing multiparty period (Tosun, [08.05.2011]).

If we analyze the articles of this constitution, we see that it has some lacks. The first lack isthat the right to elect and to be elected belonged to only men. In 1934 women win these rights(1924 Constitution, Articles. 10-11) ; (Wikisource.Org, [25.05.2011]) and in 1935 GeneralElection 18 women became representatives. In 1993 Tansu iller became first womanP rimeMinister of Turkey (Wikipedia.Org, [23.05.2011]). It is an important step. Because Americanwomen won this right 44 years later from the establishment the USA and French womenacquired these political rights 156 years later from French Revolution. But Turkish womenwon these rights gradually in 1930s. Lately, I want to determined that while 23 womenentered the parliament in 2003 General Election, 46 women became representatives in 2003General Election (Hrriyet.Com.tr, [25.05.2011]) ; (Haberler.Com, [2505.2011]). When weconsider 1935 General Election, this is a positive situation; but it is debatable to be enough.

The second problem is related to secularism. In 1924 Constitution it was writing that thereligion of the state is Islam (1924 Constitution, Article.2) ; (Wikisource.Org, [25.05.2011]) ;


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(Wikipedia.Org, [25.05.2011]). This article was repealed from the constitution with a changewhich was done in 1928 and in 1937 the principle of secularism entered the constitution(Wikipedia.Org, [25.05.2011]).

P olitical parties are the most indispensable institution of democracy. Because it is importantreflect the ideas and expectations to the administration, even to affect their decisions (Tosun,[08.05.2011]).

After the WWII, an idea which supported multiparty political system constituted in theassembly and in the press. The president of Turkey Republic, smet nn supported theseideas. Later, during the budget talks in the parliament, some representatives in RepublicanP eoples P arty (R PP ) opposed. The law regarding to giving lands to farmers which wasaccepted on June 11 leaded to getting stronger this opposition. During this law was talking, 4representatives gave a declaration to the parliament. This declaration was rejected on June 12.After that Adnan Menderes Fuad Kprl and Refik Koraltan were expelled from the partyand Celal Bayar resigned from the parliament and also party (Wikipedia.org, [23.05.2011]).

On January 7, 1946 DemocratP arty was founded by the people who signed declaration on onJune 12. So a new process started (Wikipedia.org, [23.05.2011]) ; (Tosun,[08.05.2011]). It isan important step for democratization of Turkey. RepublicanP eoples P arty needed toevaluate and rearrange with founding DemocratP arty. Because DemocratP arty attachedimportance to their views in public opinion and tried to communicate people through the pressand mass meeting (demonstration). This face to face way was just new for people; therefore itwas efficient to win for their support (Tosun, [08.05.2011]).

As the result, political power of a 27 years-old single party ended at1950 General Election(Wikipedia.Org, [25.05.2011]) and DemocratP arty was in power with 57% vote ratio (Seim

Sonular .Biz, [25.05.2011]).3- 1961 CONSTITUTION

It was designed following the 1960 military coup. It was written by two constituentassemblies of the parliament which are National Unity Committee and a civilian committee.With 1961 constitution, social rights and duties were organized at the first time. Fundamentalrights and freedoms have a special place at this constitution. Therefore this shows that thereare democratic innovations. The shape of the state was not change. Republic has continued.

There was a creation of a second chamber of parliament. This second chamber is important because it consisted of university educated people. There was a creation of constitutionalcourt to check on governments authority. This is the most important innovations in the fieldof judicial. There was a increasing autonomy of universities and media. Universities, TurkishRadio and also Television Corporation were made autonomous.

There was some chancing in 1971-1973. The main aspects of this change are; it was relatedto strengthening of the executive. With this autonomous of universities were weaken.

Fundamental rights and freedoms were limited.


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Review of judicial was limited.

There was some chancing with the military. Military jurisdiction was expanded.

Also transition of strict administration became easily.

So these show that 1961 constitution was democratic without changing in 1971-1973. (KemalGzler, 2009; s.189)

4- 1982 CONSTITUTION

1982 constitution was designed with military coup in 1980.1982 constitution was written bythe National Security Council and Consultative Committee. It was a regulatory constitutionand strict constitution.

Executive branch become strong with this constitution. The legislature was reduced to asingle chamber. There were some restricting of some rights freedom of the press andfreedom of association. 1982 constitutions aim was that to move away participatory politics.There were solutions to relieving bottlenecks. Universities were returned to state control.There were some restrictions on political parties, labour unions. There was a strongcensorship powers to the government with 1981 constitution. For the stability, the electorallaw designed 10 per cent threshold (Gzler, 2009; s.193)

5- THE CHANGES IN 1982 CONSTITUTION

The first change at 1982 Constitution was done on May 17, 1987 after it was accepted and thelast change constitution was done on February 9, 2008.

The first change was done on May 17, 1987; 67th, 75th and 175th articles of the constitution

were arranged and temporary 4th

article was repealed. The second change was done. It wasfree to found and operate the stations of radio and TV and with the 133rd article of theconstitution. The member of Turkey Grand Nation Assembly who was 450 members with thechange in 1987 was determined as 550 members and it was done on August 13, 1999. After that 47th, 125th, 155th articles were arranged again. The concept of P rivatization entered theconstitution with the change which was done at 47th article. The 6th change which was doneon October 3, 2001 was the most comprehensive change related to the alignments to EUacquis. Firstly, the beginning text of the constitution and then 13, 14, 19, 20, 21, 22, 23, 26,28, 31, 33, 34, 36, 38, 40, 41, 46, 49, 51, 55, 65, 66, 67, 69, 74, 86, 87, 89, 94, 100, 118. ve149th and also temporary 15th was changed with this arrangement. It was given to everyone

the right to want to be respected private life and home life with the arrangement at the articleregarding to the Secrecy of P rivate Life. The death penalty was repealed with the changewhich was done 38th article of the constitution. If the international treaties related toFundamental rights and freedoms are contradiction with the articles of laws, it wasdetermined which one will be valid and for this, a paragraph was added to the 90. article.According to this, the articles of international treatments will be valid. The age of deputies to be elected was fallen to 25 from 30 with the change which was done at 76th article of theconstitution on October 13, 2006 (Cumhuriyet.Com.tr, [25.05.2011]).


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Constitution changes in 2001 are generally positive; we should consider that they are alsocautious optimism. The aims of these changes are to realize democratization andreconstruction and to expand the ways of political participation. However, it is not said thatthe changes which has been done are sufficient for these aims. Because of these reasons, the problem of Turkey related to constitution has been continued (Fendo lu, [25.05.2011]).

CONCLUSIONEvery revolution evaluates in regarding to their own features. Because every revolution hasspecial features and it changed the history with their norms and values. Turkish Revolutionleft its marks like British Revolution, American Revolution and French Revolution in history.However, Turkish Revolution has distinctive characteristics. This characteristic is thatIndependent War realized simultaneously with the process of democratization andmodernization. At last, a new state was founded. But this process has never finished.

New Turkish State did the first constitution in 1921 and second constitution was done in

1924. Next constitutions were done at the result of military coup and this situation created aserious problem for democratization. However, it was a positive to found new party for multiparty democracy and that this party was in power in 1950 General Election.

Although Committee of National Unity which did 1961 Constitution decreased the power andauthority of the state and executive in favor of nation and assembly, they actually damagedmultiparty politics by punishing the rulers of DemocratP arty with death penalty. NationalSecurity Council which made military coup and prepared 1982 Constitution increased the powers of the state and executive opposed to nation and assembly.

The changes which were done after 1982 are positive developments; but it is debatably that

they are sufficient. If we consider the events which occurred before 2011 General Election, itis early to be optimistic. But there is hope and should be it


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BIBLIOGRAP HYBak mliyiz.Com, 1921 Anayasas n n zellikleri ve 1923 De i iklikleri,http://www.bakimliyiz.com/genel-kultur-paylasimlariniz/56779-1921-anayasasinin-ozellikleri-ve-1923-degisiklikleri.html, [24.05.2011])

1924 Constitution, Article.2

1924 Constitution, Articles. 10-11

Cumhuriyet.Com.tr, (2010), 82 Anayasas 'nda bugne kadar yap lan de i iklikler,http://www.cumhuriyet.com.tr/?hn=137908 , [25.05.2011]) *(Cumhuriyet portal, May s 2010,82 Anayasas nda Bugne Kadar Yap lan De i iklikler,http://www.cumhuriyet.com.tr/?hn=137908 , 26.05.11)

Dahl, Robert

Demirel, Ahmet, 1920-1923 Aras nda Trkiye Dnyan n En leri Temsili DemokrasilerindenBirine Sahipti, Trkiye Gnl , Mart-Nisan 2000, Say 60, s.6.

Din, Sait, (2004), Atatrk lkeleri ve nk lp Tarihi, Adana, Nobel Yay nevi - .. MerkeziKtphane: DR590D56 2004)

Fendo lu, H. Tahsin, (2002), 2001 Anayasa De i ikli i Ba lam nda Temel Hak vezgrlklerin S n rland r lmas ,http://www.anayasa.gov.tr/files/pdf/anayasa_yargisi/anyarg19/fendoglu.pdf, [25.05.2011]

Gzler, Kemal, (2009), Anayasa Hukukuna Giri , 4.Bask , Bursa, Ekin Bas n Yay n Da t m

Gzler, Kemal, 1924 Teskilati Esasiye Kanunu, www.anayasa.gen.tr/tek-1924.htm,[25.05.2011]

Gzler, Kemal, (2000), Trk Anayasa Hukuku, Bursa, Ekin Kitabevi Yay nlar , s.45-55,http://www.anayasa.gen.tr/1921ay.htm, [24.05.2011]

Haberler.Com, (2007), http://www.haberler.com/meclis-te-kadin-milletvekili-sayisi-artti-haberi, [2505.2011]

Hrriyet.Com.tr, (2007),http://www.hurriyet.com.tr/gundem/6941940.asp, [25.05.2011]

zbudun, 1921 Anayasas , op. cit., s.2.

Schmitter, P hilippe and Karl Terry Lynn, What Democracy isand is Not, 23.05.2011

Seim Sonular .Biz, (2011), 1954 Y l Seim Sonular ,http://www.secimsonuclari.biz/1954, [25.05.2011]

Tanr, Osmanl -Trk Anayasal Geli meleri, op. cit., s.207.


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Tosun, Hseyin, (2002), Trkiyede Demokrasinin Geli im Srecine Genel Bir Bak ,Atatrk Ara t rma Merkezi Dergisi, Say 52, Cilt: 18,http://www.atam.gov.tr/index.php?P age=DergiIcerik&IcerikNo=226, [08.05.2011]

Turkeyarena.Net, 1921 Anayasas 'n n zellikleri,http://www.turkeyarena.net/turkeyarena/tarih/44279-1921-anayasasinin-ozellikleri.html,[24.05.2011]

Wikipedia.org, (2011), Birinci nn Muharebesi,http://tr.wikipedia.org/wiki/Birinci_%C4%B0n%C3%B6n%C3%BC_Muharebesi#Sonu.C3.A7lar.C4.B1 , [25.05.2011]

Wikipedia.Org, (2011), Demokrat P arti,http://tr.wikipedia.org/wiki/Demokrat_ P arti_(1946)[25.05.2011]

Wikipedia.Org, (2011), Trkiye Byk Millet Meclisi, http://tr.wikipedia.org/wiki/TBMM,[23.05.2011]

Wikipedia.Org, (2011), Trkiye Cumhuriyeti Anayasas (1924),http://tr.wikipedia.org/wiki/1924_Anayasas%C4%B1 [25.05.2011]

Wikipedia.org, (2011), Trkiye Cumhuriyeti Siyasi Tarihi,http://tr.wikipedia.org/wiki/T%C3%BCrkiye_Cumhuriyeti_siyasi_tarihi, [23.05.2011]

Wikisource.Org, (2011), 1921 Anayasas ,http://tr.wikisource.org/wiki/1921_Anayasas%C4%B1 [23.05.2011]

Wikisource.Org, (2010), 1924 Anayasas ,http://tr.wikisource.org/wiki/1924_Anayasas%C4%B1[25.05.2011]

the democratization process of turkey

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