A constitution is the highest-level written legal document that defines the fundamental legal norms of a state, the structure of its government, the duties and powers of the legislative, executive, and judicial branches, as well as the rights and freedoms of individuals. It is the foundation of the rules that govern the functioning of the state.
A constitution protects the rights of individuals against the state and regulates the relationships between different branches of government. All other laws must comply with the constitution.
Key Features of a Constitution
- Supreme Norm: All laws, regulations, and administrative acts must align with the constitution. Otherwise, they are deemed invalid.
- Written Document: Typically prepared as a single comprehensive text and made available to the public.
- Hard to Amend: It requires stricter procedures to amend than ordinary laws.
- Guarantees Rights and Freedoms: Protects the fundamental rights of individuals and limits state interference.
- Defines the Structure of the State: Outlines the roles, powers, and relationships of institutions such as the presidency, parliament, and courts.
What Is the Purpose of a Constitution?
- Provides a Legal Foundation: Serves as the base for all other laws and legal frameworks.
- Protects Individuals: Defines fundamental rights and freedoms such as freedom of expression, religion, and personal security.
- Limits State Power: Prevents arbitrary rule by embracing the separation of powers and establishing checks and balances.
- Promotes Social Peace: Creates a secure and fair society through the rule of law and principles of justice.
What Does a Constitution Typically Contain?
- Preamble: Reflects the spirit and fundamental philosophy of the constitution.
- Fundamental Rights and Freedoms: Includes civil, political, and social rights.
- Branches of Government: Legislative (parliament), executive (government/president), and judiciary (courts).
- Amendment Procedures: Specifies how and by what majority the constitution can be changed.
- Temporary Provisions: Regulate transitional matters and the constitution’s implementation.
The Constitution of the Republic of Turkey
The current constitution in effect in Turkey is the 1982 Constitution, which was drafted after the 1980 military coup and approved by a public referendum on November 7, 1982. Over time, it has undergone various amendments, particularly to support democratization, human rights, and EU harmonization efforts.
Conclusion
A constitution is the cornerstone of a country’s legal, political, and social order. As the supreme legal norm to which everyone must adhere, it limits the powers of the state, safeguards individual rights, and ensures the sustainability of social peace.
