What Are the Basic Principles Entered into Our Lives with the 1921 Constitution?

After the Armistice of Mudros on 30 October 1918, the victorious states under the leadership of England occupied a significant part of Anatolia based on the provisions of the armistice. In such an environment, Mustafa Kemal Pasha took action from Samsun as an Army Inspector on 19 May 1919 to gather the local resistance movements against the occupation.

On May 22, 1919, the Amasya Circular was published, emphasizing that the integrity of the homeland and the independence of the nation are in danger, and a congress was requested in Erzurum. The Erzurum Congress, which brought together the regional Defense of Law associations between 23 July 1919 and 7 August 1919, was followed by the Sivas Congress, which was held between 4-11 September 1919 with wider participation.

When Istanbul was occupied by the Allied Powers on March 16, 1920, Mustafa Kemal demanded "a parliament with extraordinary powers to convene in Ankara" with a statement on behalf of the Representative Committee on March 19, 1920. The election procedure of the Assembly was to be carried out according to the Communique on Intihabat (elections) published on March 17, 1920. Accordingly, regardless of their population, members of the municipal council from each district and 5 members elected by the administration of the Defense of Rights Associations would come to Ankara. In addition to these, the members of the Ottoman Parliament who would come to Ankara would also be accepted as elected members. The members who came to Ankara by being elected in this way formed the Grand National Assembly and the Assembly started its activities on April 23, 1920. While the Grand National Assembly was trying to organize the liberation movement, on January 20, 1921, it made and accepted the Organization Act, which can be considered the first Constitution of the new era.

Let's start by examining the Constitutional Principles Law:

Supremacy of the Constitution

As the legislator of the new Constitution, the Assembly abandoned the name of Kanun-i Esasi, which was used in the past, and took its first step towards constitutionalism by using the name Teşkilat-ı Esasiye. It is a very short constitution with 24 articles, in this sense, we can say that it is a framework constitution that does not contain detailed provisions.

There was no sentence in the Teşkilat-ı Esasiye Kanunu stating that this law was superior to other laws, it was on an equal footing with other laws according to the hierarchy of norms. As a matter of fact, the text of the Law did not include special provisions such as qualified majority and referendum. In this respect, it can be said that it is a soft constitution that is easy to change.

When we evaluate the issues mentioned above; It is argued that the Teşkilat-ı Esasiye Kanunu cannot be regarded as a constitutional text, because it is not superior to other laws and because it does not have the formal features of Constitutions in terms of ease of amendment, but it is an extraordinary law applied in extraordinary times.

Definition of Sovereignty:

In the Teşkilat-ı Esasiye Law dated 1921, “Sovereignty belongs to the nation unconditionally. The method of administration is based on the destinies of the people and on the principle that they govern themselves personally.” For the first time in Turkish political history, it has the feature of a constitutional text that directly bases the source of sovereignty on the nation. In the 3rd article, it was stated that "the Turkish state is governed by the Grand National Assembly" and a Turkish state was mentioned for the first time.

Separation of Powers and Government System

The government system established by the Teşkilat-ı Esasiye Kanunu, dated 1921, is a typical “Assembly Government” system. In Article 2, it is seen that the principle of unity of forces is accepted by stating that the executive and legislative power belongs to the Grand National Assembly, which is the sole representative of the nation. There is no provision regarding the judiciary in the law. The Assembly not only had the power to make laws, but also had executive power. Ministers were elected from within the Assembly, the Assembly could always give directions to the ministers and change any minister it wanted. There were no legal arrangements that could protect the Council of Ministers (cabinet) against the Assembly. There was no Prime Minister or President. The Speaker of the House served as the head of government. International agreements were ratified by the Assembly. All these features are in the "Assembly Government" systems.

Fundamental Rights and Freedoms, Dual Constitution

The 1921 Constitution did not contain any provisions on fundamental rights and freedoms. In this respect, it can be evaluated that the current provisions in the 1876 Law-i Esasi are in force. However, the 1921 Teşkilat-ı Esasiye Law did not abolish the 1876 Law-i Esasiye. In the event that the provisions of these two laws conflict with each other, it is clear that the provisions of the founding power of 1921 will be valid and the conflicting provisions of the Law of 1876 will be tacitly abolished. However, the non-conflicting provisions of the 1876 Kanun-i Esasi are still in effect. Therefore, it can be said that a dual constitutional structure has been implemented, considering that the harmonious provisions of both constitutional texts are in force.

Administrative System

One of the most distinctive distinguishing features of the 1921 Constitution is local government. attaches special importance to So much so that 14 articles of the 24-article Constitution are reserved for provincial organizations and local governments. In a Constitutional text that does not touch upon issues such as the judiciary, fundamental rights and freedoms, the elections in the local government organization are regulated in fine detail. However, even the election procedure of the Ministers does not exist in this Constitution.

The 1st Grand National Assembly became a place where very different segments of the society came together, as it gave special importance to local governments in the liberation struggle and enabled the local will to be represented in the Assembly. For the First Assembly, we can say exactly the pluralist Assembly. The Assembly brought together people of many different views. Of course, differences brought along conflicts and this made the work of the Assembly difficult.

In the Parliamentary Government system, which was initially established to make the will of the Assembly dominant; With the leadership of those holding the executive in the War of Independence and the victory of the war, the executive became a power above the Parliament.

The executive was very powerful, after the war was won, Mustafa Kemal Pasha became a charismatic leader. Of course, the leader and his team were not satisfied with this conflict environment in the Parliament on the way to the establishment of a new state. They needed an Assembly that could take decisions more easily and an executive that could easily implement these decisions. There was no political environment in which a republic could be declared yet, but with the "General Decision of the General Assembly on the Formation of the Government of the Grand National Assembly of Turkey" dated 30 October 1922, the Ottoman Empire came to an end and the Turkish State replaced it. passed has been declared.

In its session dated April 1, 1923, the Assembly decided to renew the elections. 2. Parliamentary elections were held in June-July 1923. In the elections, Mustafa Kemal Pasha personally determined the parliamentary candidates on behalf of his group. Almost all of his list won the elections, except for a few independent candidates. The new Assembly began its work on 11 August 1923. 2. Assembly; Its organization will be the Assembly, which amends the Principles Law, proclaims the Republic and makes the 1924 Constitution.