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Aktif Makale Similarities Between Fundamental Principles Of U.S. Constitution And Turkey Republic Constitution

Yazan : Murat Burak Aydın [Yazarla İletişim]

Makale Özeti
Amerikan ve Türk anayasalarının temel prensiplerinin karşılaştırıldığı bir makale.

Similarities Between Fundamental Principles of U.S.
Constitution and Turkey Republic Constitution


"We the People of the United States, in order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Constitution for the United States of
America."
Preamble of the U.S. Constitution.

Introduction

Turkish Constitution was accepted and came into force in 1982. It
consists of 174 articles and a preamble. It mentions about, characteristics of
the republic, rights and duties of citizens, executive, legislative and judiciary
power, labor and social security, political parties, expenditures of state and
making amendments on the Constitution.

Connecting The States

First principle of U.S. Constitution is 'to form a more perfect Union'.
Which means connecting the states. Turkey Republic is a unitary state, which
means not separated into different states but means governed as a single unit
by central government.

Turkish Constitution includes 'national solidarity' phrase while
describing the characteristic of the Republic in the 2nd article. With this
phrase the constitution expresses that the Turkish nation lives as a unity.

Also Turkish Constitution has article about unity of the state. The 3rd
article of the Turkish Constitution is: "Turkey Republic is a unitary state with
its territory and its nation. Capitol of the republic is Ankara." This article
tells us, Turkey Republic is a unitary country which have inseperable nation
and territory and governed from Ankara.

As a result, Turkish Constituton has only two articles on unity of the
state because of being a unitary country. Nevertheless it has similar purpose
with the U.S. Constitution by including those two article.

Establishing Justice

Second principle is 'to establish Justice'. Which tells us to able to fix
the problems among its citizens by fair ways. Turkey Republic Constitution
has numerous articles about establishing and maintaining the justice.

The 2nd article of the Turkish Constitution is: "The Republic of
Turkey is ... a state governed by the rule of law; based on justice; respecting
human rights; ... and based on the fundamental tenets set forth in the
Preamble." Turkey Republic is based on the rule of law and justice.

The 9th article is: "Judiciary power is used by independent courts in
the name of Turkish nation." This article founds the justice and assigns the
mission of protecting the justice to the independent courts.

The 3rd part of the Turkish Constituton is about Judiciary. The 138th
article is: "Judges are independent on their duties... Any instution and person
cannot dictate any kind of order or request to judges and courts. Legislative
and executive branch must comply with court orders." This articles maintains
the independency of justice.

The 139th article tells about judiciary guarantee which prevents judges
from be dismissed without legal reasons. Article 140 tells, judges should
perform their duties within the independency of courts and judiciary
guarantee basis. Article 141 tells, trials are open to the public.

Article 146 is about Constitutional Court. This article specifies
appointment and formation of the court members.

Article 148 defines duties and authorities of the court and its members.
The court checks whether laws meets requirements of the constituton. Court maintains the justice by this control.

Article 154 sets up the High Court of Appeal which hears appeal
requests for judicial cases. Article 155 sets up Council of State court. This
court hears administrative appeal request. Article 160 founds Court of
Accounts to review expenditures of state.

Finally, Turkish Constitution constructed a detailed framework about
justice to establish, maintain and ensure the justice. In brief this framework
offers independency of courts and judges, judiciary guarantee which prevents
judges from be dismissed without legal reasons and sets guidelines for high
courts to ensure the justice.

Ensuring Peace

Third principle is 'to ensure domestic tranquility'. This expression is
about keeping and maintaining the peace and calmness in the country. As a
welfare state, Turkey Republic ensures the peace in its country as mentioned
in the preamble, 2nd and 5th article in the Turkish constitution.

Preamble of Turkish constitution tells: "... All Turkish citizens have
right to live in peace with 'peace on the country, peace on the world' motto."
This sentence tells us every Turkish citizen has right to live in peace within
the country and world.

The 2nd article of Turkish constitution is titled with 'Characteristic of
The Republic'. This article is: "The Republic of Turkey is a state ... which
keeps and maintains tranquility of the society and respects to the human
rights..." The article creates a duty to keep the tranquility and ensure the
peace of the society for the state.

The 5th article of Turkish constitution is titled, similar to the 2nd
article, with 'Basic Purposes and Duties of State'. This article is about
defining duties and purposes of state. It says: "Basic duties and purposes of
the state is to maintain welfare, tranquility and happiness of people..."

Briefly, Turkish Constitution includes articles about ensuring the peace
to make its people happy in its country. Also the constitution defines that
living in peace is a right for a citizen and providing a peaceful country for
citizens is a duty for the state.

Providing Defense

Fourth principle is 'to provide for the common defense' which is about
security of the whole states and people as a union. Turkish constitution has
an article about common defense.

The 118th article sets up and maintains the 'National Security
Council'. This article: "National Security Council is consist of President,
Prime Minister, General of Army, Ministers of Justice, Defense, Interior,
Foreign, Air and Naval Force Commanders. The council discusses about
national security and takes decisions about national security." This council
was founded to keep and maintain the peace in the country, to create new
policies about security of country, to discuss and to take precautions against
threats from interior and foreign sources.

Promoting General Welfare

Fifth principle is 'to promote the general welfare' which means
increasing the welfare of the state and citizens. Turkish constitution mentions
in its preamble and two articles.

The preamble tells: "Turkey Republic is a country bears to increase its
welfare, economical and moral happiness and become a modern country."
This sentence implies Turkey Republic will always work to make its citizens
welfare condition better.

As mentioned previously Turkey Republic is a welfare country which is
mentioned in 2nd article of constitution: "Turkey Republic is a ... democratic,
secular and a welfare state." This article clearly tells that Turkey Republic is
a welfare country and will work for welfare and happiness of its citizens.

The 5th article shows ensuring the welfare of the citizens is a duty for
state by saying: "General purposes and duties of the state is to ensure the ...
welfare, happiness and tranquility of citizens and society..."

In brief, Turkish Constitution has articles about promoting general welfare.
As a welfare state, the Constitution ensures the welfare of citizens and state.

Securing Liberty

Sixth principle is 'secure the Blessings of Liberty to ourselves and our
Posterity' which means keeping and saving the liberty for now and future.
Turkish Constitution has numerous articles on liberties.

Firstly, the preamble of Turkish Constitution says: ''Any authorized
person or institution cannot act without following requirements of liberal
democracy and legal order." This means, any institution or persons authorized
by government are subject to meet the requirements of liberal democracy and
actual legal order.

5th article of the Constitution describes 'removing obstacles that
prevents people from having freedom, living in welfare and justice' as a duty
of the state. With this description the Constitution guarantees liberties by
having freedom and living in welfare and justice.

12th article is titled with 'Basic Rights and Properties of Freedoms'. It
says: "Everybody has untransferrable and unabandonnable basic rights and
freedoms". This article ensures having untransferrable unabandonnable rights.

The articles following 12th article describes freedoms more specifically.
The 17th article is: "Everybody has right to live, improve and maintain
his/her own material and moral existence." This article ensures the most
basic freedom, which is living.

18th article is: "Nobody can't be employed by force." This article bans
employment by force to secure the liberty of working.

19th article is titled with 'Freedom and security of a person'. This
article is: "Everybody has personal freedom and security."

22nd article is about freedom of communication. "Everybody has right
to communicate. Privacy of the communication is a principle."

23rd article ensures the freedom of residing and traveling.

24th article is an important article. Because it is about freedom of
religion and conscience. The article is: "Everybody has freedom of religion,
conscience and opinion. Every kind of worship, ritual is allowed except the
rituals which doesn't meet with the Constitution." This article creates a
freedom about religion, conscience and rituals.

25th article is titled with 'Belief and Opinion Freedom.' "Everybody
has freedom of belief and opinion. Nobody cannot be forced to tell his/her
belief and opinions with any reason; cannot be blamed because of his/her
belief and opinions." This article ensures belief and opinion freedom to make
citizens freely think and believe.

The following articles are about minor freedoms: freedom of publishing
opinion, science and art, press, founding association, meeting, seeking right.

Conclusion

We can find similar articles in Turkish Constitution and six principles
in the preamble of the U.S. Constitution. These six principles is most basic
duty of constitutions in all over the world. This is why we can find same or
similar principles in constitutions of other countries.
Bu makaleden kısa alıntı yapmak için alıntı yapılan yazıya aşağıdaki ibare eklenmelidir :

"Similarities Between Fundamental Principles Of U.S. Constitution And Turkey Republic Constitution" başlıklı makalenin tüm hakları yazarı Murat Burak Aydın'e aittir ve makale, yazarı tarafından Türk Hukuk Sitesi (http://www.turkhukuksitesi.com) kütüphanesinde yayınlanmıştır.

Bu ibare eklenmek şartıyla, makaleden Fikir ve Sanat Eserleri Kanununa uygun kısa alıntılar yapılabilir, ancak yazarının izni olmaksızın makalenin tamamı başka bir mecraya kopyalanamaz veya başka yerde yayınlanamaz.


[Yazıcıya Gönderin] [Bilgisayarınıza İndirin][Arkadaşa Gönderin] [Yazarla İletişim]
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