The first constitution of the Ottoman-Turkish Empire was adopted in 1876 – the Kânun-i Esâsi (Eng. Fundamental Law). In its history, Turkey has had four constitutions. They were adopted in 1921, 1924, 1961, and 1982, with the latter being presently in force. Nowadays, the creation of a new constitution is the main issue on Turkey’s political agenda. The government of Turkey and Mr. Recep Tayyip Erdogan want to amend the constitution, and envisage creating an executive presidential system (Tur. Baskanlik sistemi), similar to that of the Russian Federation and the United States. Critics are concerned about what Recep Tayyip Erdogan’s motivation may be. This article analyzes the historical roots of the constitution, its amendments, the presidential system in Turkey and the arguments of the Republican People’s Party (CHP) and Peoples’ Democratic Party (HDP) against the adoption of a presidential system. The key issues that the authors address are the changes that could be made under Turkey’s new constitution and whether all political power would be concentrated in president’s hands.

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The Political System of the Republic of Turkey, Past and Present

Although constitutionalism movements have their roots in the efforts to limit the power of European monarchies beginning with Magna Carta, constitutionalism in the modern sense is the product of the global political and social conditions created by the French Revolution of 1789. In the 19th century, when empires struggled for power in Europe and global economic crises shook the world, constitutionalism appeared as a solution to these crises. In this context, in addition to global constitutional revolutions such as in Japan, Russia, Mexico, and China, the “Eastern” and Muslim societies of the Middle East and North Africa (MENA) also struggled for their constitutional movements. Although they could not satisfy the expectations as a result of domestic and regional circumstances, the first constitutional movements in Tunisia (1861), Ottoman Turkey (1876), Egypt (1881), and Iran (1905) provided road maps for the modern nation-states of the following years. This study examines these constitutionalism movements in order to understand their social, political, and economic dynamics and organizational mechanisms, as well as their impact on today’s Middle Eastern politics. 

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Constitutionalism in the Middle East: Social and Political Foundations of Constitutions - Emergence of First Constitutional Movements in Tunisia, Ottoman Turkey, Egypt, and Iran

The conceptions of an individual and the nation-state gave birth to modernity and certainly shaped the socio-political systems in European countries. Newly founded European socio-political system gradually influenced social, political and legal structures of countries under the sphere of colonial and imperial influences of great powers. In this regard, such developments coupled with intensive westernization process influenced the Ottoman society, especially during the last decades of the empire. An analysis of the Ottoman Constitution (Kanun-u Esasi) (1876) within last few decades of the empire will show such socio-political and legal changes and developments. This paper, within the framework of constitutional acts, attempted to analyze two works that were critical about the Ottoman Constitution (1876). It is indicative that these two sources were also addressing western socio-political and legal influences on the Ottoman society. These two works deal with range of modern issues such as freedom, equality and justice by considering their very roots in the Islamic legal traditions. Therefore, this paper will analyze these two works in light of the Ottoman Constitution (1876) that preserved in essence the Islamic legal principles.

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Huseyin Korkut

Papers

Critical analysis of the ottoman constitution (1876)