By E. Özbudun
Beginning with the ancient improvement of constitutional govt in Turkey, the writer analyzes the fundamental features of the current Turkish structure (that of 1982), the elemental constitution of the nation (the legislature, govt, and the judiciary), the particular function of the Constitutional court docket, and the hot efforts at democratizing constitutional reforms.
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Extra info for The Constitutional System of Turkey: 1876 to the Present
Denial of justice” is also speciﬁcally prohibited by the Constitution. Under Article 36, no court of law shall refuse to deal with a case within its jurisdiction. The guarantees for the rule of law were strengthened by the constitutional amendments of 2001 and 2004. In 2001, two paragraphs were added to Article 38, stating that illegally obtained ﬁndings cannot be used as evidence, and no one shall be deprived of his/her liberty because of a failure to perform a contractual obligation. In 2004, two more paragraphs were added to the same Article, one prohibiting death penalty and the penalty of general conﬁscation, and the other permitting the extradition of a Turkish citizen to a foreign country in cases required by obligations deriving from being a party to the International Criminal Court.
25); freedom of scientiﬁc and artistic activities (Art. 27); freedom of the press (Art. 28); freedom of publication (Art. 29); protection of press equipments (Art. 30); the right to use mass communications facilities owned by public corporations (Art. 31); the right to answer and correction (Art. 32); freedom of association (Art. 33); freedom to assembly and demonstration (Art. 34); the right to property (Art. 35); the right to seek justice (Art. 36); the guarantee of legal judge (Art. 37); principles regarding crimes and punishments (Art.
Furthermore, while the Constitution cited “economic, social, and cultural planning” among the duties of the state, it did not specifically refer to the State Planning Organization as the state agency responsible for such planning (Art. 166). ” According to Article 10, “every one is equal before law, irrespective of language, race, sex, political opinion, philosophical beliefs, religion, sect, and similar reasons. No privilege shall be granted to any person, family, group or class. ” In 2004, a new paragraph was added to the Article stressing equality between genders and obliging the state to put this principle into practice, thus paving the way for afﬁrmative action (positive discrimination) in favor of women.
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