1982 Constitution

PART ONE / GENERAL PRINCIPLES

I. Form of the State

ARTICLE 1. The Turkish State is a Republic.

II. Characteristics of the Republic

ARTICLE 2. The Republic of Turkey is a democratic, secular and social State governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights; loyal to the nationalism of Atatrk, and based on the fundamental tenets set forth in the Preamble.

III. Integrity of the State, Official Language, Flag, National Anthem, and Capital

ARTICLE 3. The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish.

Its flag, the form of which is prescribed by the relevant law, is composed of a white crescent and star on a red background.

Its national anthem is the "Independence March".

Its capital is Ankara.

IV. Irrevocable Provisions

ARTICLE 4. The provision of Article 1 of the Constitution establishing the form of the State as a Republic, the provisions in Article 2 on the characteristics of the Republic, and the provision of Article 3 shall not be amended, nor shall their amendment be proposed.

V. Fundamental Aims and Duties of the State

ARTICLE 5. The fundamental aims and duties of the State are; to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy; to ensure the welfare, peace, and happiness of the individual and society; to strive for the removal of political, social and economic obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social State governed by the rule of law; and to provide the conditions required for the development of the individual's material and spiritual existence.

VI. Sovereignty

ARTICLE 6. Sovereignty is vested in the nation without reservation or condition.

The Turkish Nation shall exercise its sovereignty through the authorised organs as prescribed by the principles laid down in the Constitution.

The right to exercise sovereignty shall not be delegated to any individual, group or class. No person or agency shall exercise any State authority which does not emanate from the Constitution.

VII. Legislative Power

ARTICLE 7. Legislative power is vested in the Turkish Grand National Assembly on behalf of the Turkish Nation. This power cannot be delegated.

VIII. Executive Power and Function

ARTICLE 8. Executive power and function shall be exercised and carried out by the President of the Republic and the Council of Ministers in conformity with the Constitution and the law.

IX. Judicial Power

ARTICLE 9. Judicial power shall be exercised by independent courts on behalf of the Turkish Nation.

X. Equality Before the Law

ARTICLE 10. All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations.

No privilege shall be granted to any individual, family, group or class.

State organs and administrative authorities shall act in compliance with the principle of equality before the law in all their proceedings.

XI. Supremacy and Binding Force of the Constitution

ARTICLE 11. The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other agencies and individuals.

Laws shall not be in conflict with the Constitution.