The State Order,
the Constitution, the Legal System
  The State Order,
the Constitution, the Legal System
 

According to the Constitution, unconditional and unrestricted sovereignty is vested in the nation. The people exercise their sovereignty directly through elections, and indirectly through the authorized organs within the framework of the principles laid down in the Constitution. The legislative, executive and judiciary are the organs which use sovereignty. The legislative power is vested in the Turkish Grand National Assembly (TGNA) and cannot be delegated. Executive power and functions are exercised and carried out by the President of the Republic and the Council of Ministers, in conformity with the Constitution and the laws. Judicial power is exercised by independent courts.

The principle which brings the separation of powers into existence is the principle of a legal state. This principle provides for the supremacy of law in the existence of the state and the society. The power of the legislative and executive powers, are limited and balanced with the judiciary as the result of the principle of the supremacy of law. Legislative procedures and activities, and procedures of execution are dependent on judicial control. Thus, democracy is obtained and preserved in the state administration. The Constitution is equipped with the rules which guarantee this system. The rules of the Constitution are binding and of a superior quality and are the basic legal regulations which bind the legislative, executive and judicial organs, the government and the other persons and organizations. Furthermore, the hierarchy of the norms is adopted; it prevents the lower-norms from being in violation of the upper-norms. Constitutional Court decisions bind the legislative, executive and judicial organs, the government and all the real and juristic persons, and these decisions constitute the source of legality for the governmental procedures.

Fundamental Rights and Freedoms
In the preamble of the Constitution, it is stated that every Turkish citizen has the right to exercise the fundamental rights and freedoms set forth in the Constitution according to the requirements of equality and social justice, in order to lead a dignified life in the national culture, civilization and legal system as well as the right and authority to develop one's material and spiritual being towards this end. It was not satisfied with this and in the articles of the Constitution, it is emphasized that the Republic of Turkey is a State which respects human rights.

 

The state has been given the function of removing the political, economic and social obstacles which limit the fundamental rights and freedoms of the indivi- dual, which are not in accord with the principles of a social legal state and justice, and to attempt to prepare the necessary conditions for developing the physical and spiritual wellbeing of the people. The State has been given the duty and is obliged to provide for the family unity of the Turkish citizens who work in foreign countries, for the education of their children, for their cultural needs and social securities.


The Constitutional Court in Ankara

 

In the field of the fundamental rights and freedoms, the Constitution includes rules that are the result of perceptions of both natural law and contemporary law. Emphasizing that everyone has fundamental rights and freedoms which are inviolable, untransferable and unrenounceable, shows that the perception of natural law is dominant in the Constitution. The fundamental rights and freedoms also include the duties and responsibilities of the individual to the society, to his/her family and other individuals. In the context of fundamental rights, the right to live and to preserve and develop the physical and spiritual wellbeing have been recognized. The bodily integrity of the individual is inviolable, excluding medical necessities and situations written in the law. The individual cannot be made subject to scientific medical experiments without his/her consent. No one can be tortured or tormented; no one can be sentenced to a punishment which is not in accord with human dignity. Corvee is forbidden; no one can be forced to work. Everyone has individual freedom and security.

 

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