Turkish Constitution of 1921
Encyclopedia
The Constitution of 1921 (Ottoman Turkish: Teşkilât-ı Esasiye Kanunu; ) was the fundamental law
of Turkey
for a brief period from 1921 to 1924. The first constitution of the modern Turkish state, it was ratified by the Grand National Assembly of Turkey
in January 1921. It was a simple document consisting of only 23 short articles. In October 1923 the constitution was amended to declare Turkey to be a republic
. In April the following year the constitution was replaced by an entirely new document, the Constitution of 1924
.
on April 23, 1920, following the de-facto collapse of the Ottoman Empire
in the aftermath of the First World War
. Mustafa Kemal Atatürk
, who would later become the first president of the Republic of Turkey in 1923, was the major driving force behind the preparation of a Constitution that derived its sovereignty
from the nation and not from the Sultan
, the absolute monarch
of the Ottoman Empire. The National Assembly convened with the purpose of writing a would prepare the ground for the proclamation of a Republic and consecrate the principle of national sovereignty
. This Constitution would also serve as the legal basis for the Turkish War of Independence
during 1919-1923, since it would refute the principles of the Treaty of Sèvres
of 1918 signed by the Ottoman Empire, by which a great majority of the Empire's territory would have to be ceded to the Entente powers that had won the First World War.
It was a relatively short text consisting of twenty-three articles, the first nine articles laying out the principles upon which the state would be founded. It delegated the executive
and legislative prerogatives to "the only true delegate of the sovereignty of the Nation", the National Assembly that was to be elected by direct popular vote. After the proclamation of the Republic on October 29, 1923, the executive powers were to be exercised by the President and the Council of Ministers on behalf of the National Assembly.
Because of the larger geopolitical conjecture of the time and the lack of a formal declaration of a republic, it failed to mention anything about the role the Sultan might play under this new constitution. From a technical point of view, it could be argued that it left open the possibility that the Sultanate might not be abolished and that it could have been amended to make way for a constitutional monarchy
, similar to one founded by the French Constitution of 1791
. On hindsight, however, it is clear that this omission was on purpose awaiting the outcome of the Independence War and the cessation of hostilities before the proclamation of the Republic.
It also didn't include any references to the judicial system for similar reasons, nor did it define the rights and responsibilities of citizens.
. During this time it witnessed many extremely important and fundamental events in the history of the Republic of Turkey:
Article 10 is headed Administration. Articles 11 to 21 concern local government units. These subdivisions are called Vilâyet (Art. 11-14), Kaza (Art. 15) and Nahiye (Art. 16-21). Articles 22 to 23 provide for the General Inspectorate (Umumi Müfettişlik). There is also a final provisional article, which is unnumbered.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
for a brief period from 1921 to 1924. The first constitution of the modern Turkish state, it was ratified by the Grand National Assembly of Turkey
Grand National Assembly of Turkey
The Grand National Assembly of Turkey , usually referred to simply as the Meclis , is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Constitution. It was founded in Ankara on 23 April 1920 in the midst of the Turkish War of Independence...
in January 1921. It was a simple document consisting of only 23 short articles. In October 1923 the constitution was amended to declare Turkey to be a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. In April the following year the constitution was replaced by an entirely new document, the Constitution of 1924
Turkish Constitution of 1924
The Constitution of 1924, formally titled the Constitution of the Republic of Turkey , was the fundamental law of Turkey from 1924 to 1961. It replaced the Constitution of 1921 and was ratified by the Grand National Assembly of Turkey following the proclamation of the republic on 29 October 1923....
.
Background
It was prepared by the Grand National Assembly that was elected both as a Constitutional Convention and as an acting ParliamentGrand National Assembly of Turkey
The Grand National Assembly of Turkey , usually referred to simply as the Meclis , is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Constitution. It was founded in Ankara on 23 April 1920 in the midst of the Turkish War of Independence...
on April 23, 1920, following the de-facto collapse of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
in the aftermath of the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. Mustafa Kemal Atatürk
Mustafa Kemal Atatürk
Mustafa Kemal Atatürk was an Ottoman and Turkish army officer, revolutionary statesman, writer, and the first President of Turkey. He is credited with being the founder of the Republic of Turkey....
, who would later become the first president of the Republic of Turkey in 1923, was the major driving force behind the preparation of a Constitution that derived its sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
from the nation and not from the Sultan
Sultan
Sultan is a title with several historical meanings. Originally, it was an Arabic language abstract noun meaning "strength", "authority", "rulership", and "dictatorship", derived from the masdar سلطة , meaning "authority" or "power". Later, it came to be used as the title of certain rulers who...
, the absolute monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
of the Ottoman Empire. The National Assembly convened with the purpose of writing a would prepare the ground for the proclamation of a Republic and consecrate the principle of national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
. This Constitution would also serve as the legal basis for the Turkish War of Independence
Turkish War of Independence
The Turkish War of Independence was a war of independence waged by Turkish nationalists against the Allies, after the country was partitioned by the Allies following the Ottoman Empire's defeat in World War I...
during 1919-1923, since it would refute the principles of the Treaty of Sèvres
Treaty of Sèvres
The Treaty of Sèvres was the peace treaty between the Ottoman Empire and Allies at the end of World War I. The Treaty of Versailles was signed with Germany before this treaty to annul the German concessions including the economic rights and enterprises. Also, France, Great Britain and Italy...
of 1918 signed by the Ottoman Empire, by which a great majority of the Empire's territory would have to be ceded to the Entente powers that had won the First World War.
Overview
The National Assembly commenced the debates for a new constitution on November 19, 1920 and it was ratified during the session of January 20, 1921. It was the first Turkish Constitution that consecrated the principle of national sovereignty.It was a relatively short text consisting of twenty-three articles, the first nine articles laying out the principles upon which the state would be founded. It delegated the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and legislative prerogatives to "the only true delegate of the sovereignty of the Nation", the National Assembly that was to be elected by direct popular vote. After the proclamation of the Republic on October 29, 1923, the executive powers were to be exercised by the President and the Council of Ministers on behalf of the National Assembly.
Because of the larger geopolitical conjecture of the time and the lack of a formal declaration of a republic, it failed to mention anything about the role the Sultan might play under this new constitution. From a technical point of view, it could be argued that it left open the possibility that the Sultanate might not be abolished and that it could have been amended to make way for a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
, similar to one founded by the French Constitution of 1791
French Constitution of 1791
The short-lived French Constitution of 1791 was the first written constitution of France. One of the basic precepts of the revolution was adopting constitutionality and establishing popular sovereignty, following the steps of the United States of America...
. On hindsight, however, it is clear that this omission was on purpose awaiting the outcome of the Independence War and the cessation of hostilities before the proclamation of the Republic.
It also didn't include any references to the judicial system for similar reasons, nor did it define the rights and responsibilities of citizens.
Timeline
After having come into force on January 20, 1921, it stayed as the law of the land for three years until the adoption of the Constitution of 1924Turkish Constitution of 1924
The Constitution of 1924, formally titled the Constitution of the Republic of Turkey , was the fundamental law of Turkey from 1924 to 1961. It replaced the Constitution of 1921 and was ratified by the Grand National Assembly of Turkey following the proclamation of the republic on 29 October 1923....
. During this time it witnessed many extremely important and fundamental events in the history of the Republic of Turkey:
- The Turkish War of IndependenceTurkish War of IndependenceThe Turkish War of Independence was a war of independence waged by Turkish nationalists against the Allies, after the country was partitioned by the Allies following the Ottoman Empire's defeat in World War I...
was won by the Turkish forces - The Ottoman Sultanate and all aristocratic titles were abolished on October 30, 1922
- The Treaty of LausanneTreaty of LausanneThe Treaty of Lausanne was a peace treaty signed in Lausanne, Switzerland on 24 July 1923, that settled the Anatolian and East Thracian parts of the partitioning of the Ottoman Empire. The treaty of Lausanne was ratified by the Greek government on 11 February 1924, by the Turkish government on 31...
that led to the international recognization of the new Republic was signed between Turkey and the Entente powersAllies of World War IThe Entente Powers were the countries at war with the Central Powers during World War I. The members of the Triple Entente were the United Kingdom, France, and the Russian Empire; Italy entered the war on their side in 1915...
that had won the First World War on July 24, 1923 - The Republic was officially proclaimed on October 29, 1923 with Atatürk as its first President
- The title of the CaliphateCaliphateThe term caliphate, "dominion of a caliph " , refers to the first system of government established in Islam and represented the political unity of the Muslim Ummah...
that was held by the Ottoman SultansOttoman DynastyThe Ottoman Dynasty ruled the Ottoman Empire from 1299 to 1922, beginning with Osman I , though the dynasty was not proclaimed until Orhan Bey declared himself sultan...
since 1517 was abolished on March 3, 1924, along with all the remaining vestiges of Islamic LawIslamic lawIslamic law can refer to:*Sharia: The code of conduct enjoined upon Muslims in the Quran*Fiqh: Muslim jurisprudence...
. (Its powers within Turkey were transferred to the National Assembly and the title has since been inactive. Though very unlikely, the Turkish Republic still retains the right to reinstate the Caliphate.) - Per the law of March 3, 1924, the last Ottoman Sultan, the last CaliphCaliphThe Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
and all members of their imperial families had their citizenships revoked, were exiled forever from the new Republic and their descendants banned from ever setting foot in its territory. The same law also nationalized all the properties of the Imperial Crown without compensation.
Text (as enacted)
The text of the first nine articles may be translated as follows:Article 10 is headed Administration. Articles 11 to 21 concern local government units. These subdivisions are called Vilâyet (Art. 11-14), Kaza (Art. 15) and Nahiye (Art. 16-21). Articles 22 to 23 provide for the General Inspectorate (Umumi Müfettişlik). There is also a final provisional article, which is unnumbered.