IMPORTANCE OF PRESIDENTIAL AUTHORITY IN TURKISH REPUBLIC CONSTITUTIONS AND DISCUSSIONS ABOUT ABDULLAH GÜL’S TERM OF OFFICE IN THE FRAMEWORK OF 2007 CONSTITUTIONAL AMENDMENTS

Yıl 2012, Cilt: 12 Sayı: 23, 1 - 34, 01.06.2012

Ali Acar Mustafa Burak Çelebi

Öz

Since the Republic of Turkey was founded, in Turkey, the three constitutions have
been made. In all the 1924, 1961 and 1982 Turkish Constitutions, a special importance
has been attached to the Presidency. In fact, the Presidency, in our Country, has
extraordinary authorities in the areas of Legislation, Execution and Judiciary. In the most
Presidency elections that have been made until today, important crises have been lived,
besides.
After 1923 when the Republic was founded, Mustafa Kemal ATATURK became the
First President of the Republic of Turkey. After ATATURK’s death, Ismet INONU and
then Celal BAYAR filled the seat of the Presidency of the Republic of Turkey. Ismet
INONU and Celal BAYAR are the Presidents who were elected according to the 1924
Turkish Constitution. On 27 May 1960, Turkish Armed Forces staged a coup d'état and
made an end to the 1924 Turkish Constitution. After the coup d'état on 27 May 1960, a
constituent assembly was gathered and prepared the 1961 Turkish Constitution. After the
constitution draft prepared was passed by a referendum, the 1961 Turkish Constitution
went in effect. According to the 1961 Turkish Constitution, the term of office of the
President would be seven years and be elected with the secret ballot of the two thirds
majority of the total member number by T.N.A. (the Turkish National Assembly). If this
majority might not be constituted in the first and second rounds, the President would be
elected with absolute majority, and no one would be elected for a second time
successively as a president. The Presidents at the time when the 1961 Turkish
Constitution was in valid were elected according to this procedure. At the time of the
1961 Turkish Constitution, Cemal GURSEL, Cevdet SUNAY and Fahri KORUTURK,
respectively, became the Fourth, the Fifth and the Sixth Presidents of the Republic of
Turkey.
In the 1961 Turkish Constitution, it was not mentioned how would be followed a way
if the necessary majority was unable to be constituted in the last round, in the election
process of Presidency. Therefore, while the election for the seventh president was making,
the necessary majority was unable to be constituted in the last round in the T.N.A., and
the Parliament was unable to elect the Seventh Presidents for months. The Right-Left
fights lived in the Country and the tension related to law and politics that emerged by the
Assembly was unable to elect the Seventh President in no way led to 12 September. On 12
September 1980, Turkish Armed Forces seized the control. After “12 September Coup”,
as was in the 1961 Turkish Constitution too, it was constituted a new constituent assembly
responsible for preparing a new constitution. The constitution draft that was prepared by
the constituent assembly was held a referendum, and it was passed. This Constitution
which took the affirmative vote from the people more than % 90 is the 1982 Turkish
Constitution, which is still in effect, despite it has lived a lot of amendments.
While the 1982 Turkish Constitution was passing, it was witnessed something new in
the history of the Republic. The constitutional voting and the election of Presidency were
united. Kenan EVREN, who is the head actor of 12 September, became the Seventh
President of the Republic of Turkey by the passing of the Constitution in the end of a
referendum. Besides, Kenan EVREN has gone down in history with His characteristic that He was the only President of the Republic of Turkey who was elected by neither the
Parliament nor the people.
It is expressed by many jurists that the 1982 Turkish Constitution, in general, is a
constitution which is less advocate of freedom and lies heavier on authority in comparison
to the 1961 Turkish Constitution. This condition, when looked at the articles of the 1982
Turkish Constitution that are related to the President, can be seen, besides. The activities
of the President concerning with Legislation, Execution and Judiciary and the proceedings
that Himself makes by himself and He is irresponsible side of Execution because of his
these proceedings show how an authoritarian mind the 1982 Turkish Constitution has got.
As for an election of an executive power having like these wide authorities necessitates
naturally to go over it with a fine comb. You see, the 1982 Turkish Constitution, in the
articles arranging the election of the President, has put this issue in order sensitively.
According to the 1982 Turkish Constitution, the President is going to be elected within
four rounds. It has been expressed that the candidate who gets the two thirds majority of
the total member number of the Assembly in the first and second rounds or the candidate
who gets the absolute majority in the third round or as for in the last round, the candidate
who gets the absolute majority in the voting made between two top voted candidates are
going to be elected as the President. The 1982 Turkish Constitution, as it is different from
the 1961 Turkish Constitution, definitely prohibits someone to be elected as the President
again for second time. Moreover, according to the 1982 Turkish Constitution, if the
President may not be elected in the last round, the elections of the T.N.A are going to be
renewed. In this way, it has been tried to prevent that the crisis lived in the election
process of the Seventh President can be lived again.
After Kenan EVREN, Turgut OZAL, Suleyman DEMIREL, Ahmet Necdet SEZER
and Abdullah GUL are our other Presidents who were elected according to the 1982
Turkish Constitution. The election process of our President, Abdullah GUL, who is the
last President elected according to the 1982 Turkish Constitution, caused that different
debates related to politics and law appeared, too. Justice and Development Party (AKP)
that came successfully through the elections on 3 November 2002 came to power without
the support of a coalition partner, having a big majority in the Parliament. JDP, with its
present total member number, had a power to nominate someone as a candidate, who
Itself would determine, for Cankaya (the Palace of Presidency), for the Eleventh
Presidency Election. By Ahmet Necdet SEZER’s presidency came to an end, JDP
nominated the (former) Foreign Minister Abdullah GUL as the candidate of Presidency.
Abdullah GUL’s candidacy to the Presidency disturbed the opponent sides. At that time, it
was said that the Assemble did not represent people’s majority and the Parliament
consisted of the two parties lost its legality and the Eleventh President needed to be
elected by the new members of the Assembly, going for an early election. That Abdullah
GUL came from the National Vision Movement and His wife was one wearing a head
scarf and the then Republic meetings arranged at Home’s various places and the eMemorandum,
which was declared on 27 April and made emphasises and warnings on
secularity, were among other debate matters in the election process of the Eleventh
President. After all these debates, in the endings of April and the beginnings of May of
2007, the election process for the Presidency started. Months ago before the Presidency
election, that Sabih KANADOGLU (Former Chief Prosecutor of the Republic) stated his
opinion by an article in a newspaper about the Assembly had to meet in the first round
with 367 total member number caused that the Opposition followed a policy in this manner and did not attend to the Parliament in the election of the Presidency. The
Supreme Court, agreeing with the opinion of the Opposition about it has to be gotten the
number of 367 for the quorum in the first round, took a decision to the cancellation of the
Presidency election made by the T.N.A. With this decision, the Parliament was not able to
elect the Eleventh President. After this time, the T.N.A. took a decision to go for an early
election and on the July of 2007, the new elections were made. In the Parliament that
consisted newly, by the support of the Nationalist Movement Party (MHP), the candidate
of JDP, Abdullah GUL, also suited to the decision of the Supreme Court about the 367,
has been elected as the Eleventh President of the Republic of Turkey.
At the end of the decision of the Supreme Court about the 367, the election of the
President by the T.N.A. has gotten more difficult. The Government, in order to solve this
crisis, prepared a series of constitutional amendment package. By the referendum made in
2007, it has been given way to elect the President in the Republic of Turkey by the people
and His term of office is five years. Here, after this time, it has become the main topic of
systemically conversations that Turkey begins to slide from parliamentary system into
semi-presidential system, and it has appeared some various dissidences whether the
President Abdullah GUL’s term of office is 5 or 7 or not.
While our this study, which we gave place to the debates about the President Abdullah
GUL’ term of office, was keeping on, the Constitutional Commission of the T.N.A. met
12 January 2012 to come up with a solution for the President Abdullah GUL’ term of
office. At the end of the debates and discussions that were lived in the Commission;
provided that Abdullah GUL is not going to be elected again, it was come to a decision
that His term of office is seven years. The draft passed in the general meeting in the
T.N.A. was published in the official newspaper on 26 January 2012 and gone in effect. In
this way, it was become definite that the Eleventh President Abdullah GUL’s term of
office is 7 years.
The content of this Study consists of the clauses in the Constitutions during the
Republic period about the election of the President, and the Presidents who were elected
according to the constitutional periods, and the crises related to law and politics that were
lived in the election process of the Eleventh Presidency, and the debates and the
discussions about the President Abdullah GUL’s term of office. However, the
governmental system debates being at the top of the by the President is elected by the
people will not find a place in this study

Anahtar Kelimeler

The Constitutions of the Republic of Turkey, The Elected Presidents, The Constitutional Amendments, Term of Office

TÜRKİYE CUMHURİYETİ ANAYASALARINDA CUMHURBAŞKANLIĞI MAKAMININ ÖNEMİ VE 2007 YILI ANAYASA DEĞİŞİKLİKLERİ ÇERÇEVESİNDE ABDULLAH GÜL’ÜN GÖREV SÜRESİ TARTIŞMALARI

Öz

2007 yılında Anayasa Mahkemesi’nin vermiş olduğu 367 kararı, TBMM tarafından cumhurbaşkanının seçilmesini zorlaştırmıştır. Hükümet bu tıkanıklığı çözmek için Anayasa değişikliği yoluna gitmiş ve yapılan halkoylaması sonucu Türkiye’de cumhurbaşkanının halk tarafından seçilmesinin ve görev süresinin 5 yıl olmasının yolu açılmıştır. Bu tarihten sonra, Abdullah Gül’ün görev süresinin 5 yıl mı? yoksa 7 yıl mı? olacağı tartışmaları gündeme gelmiştir. Abdullah Gül’ün görev süresi tartışmalarını incelediğimiz bu çalışmamız sürerken TBMM Anayasa Komisyonu, 12 Ocak 2012 günü toplandı. Komisyonda Abdullah Gül’ün tekrar seçilmemek şartıyla görev süresinin yedi yıl olduğu sonucuna varıldı. TBMM Genel Kurulu’nda kabul edilen tasarı, 26 Ocak 2012 tarihinde Resmi Gazete’de yayımlanarak yürürlüğe girdi. Böylece, Abdullah Gül’ün görev süresinin 7 yıl olduğu kesinleşti. Bu çalışmanın konusunu Cumhuriyet dönemi anayasalarında Cumhurbaşkanının seçimine yönelik hükümler, Anayasal dönemlere göre seçilen cumhurbaşkanları, 11. Cumhurbaşkanlığı seçimi sürecinde yaşanan krizler ile Abdullah Gül’ün görev süresi tartışmaları oluşturmaktadır.

Anahtar Kelimeler

T.C. Anayasaları, Seçilen Cumhurbaşkanları, Anayasa Değişiklikleri, Görev Süresi