University of Minnesota



Constitution of the Turkish Republic Northern Cyprus

 

 

PREAMBLE

Whereas the Turkish Cypriot People is an inseparable part of the great Turkish Nation which lived independent and fought for its rights and liberties all along its history; and

Whereas the Turkish Cypriot People, in the face of events directed against its national existence and right to life, since 1878 when it was broken away from its motherland, which were intensified especially after 1955 and took the form of armed terrorism, aggression and suppression, has organised its resistance as a mature community in unity and integrity; and

Whereas the Turkish Cypriot People has established that there cannot be individual rights and liberties without the acquisition of communal rights and Liberties, through the bitter experiences it had undergone until the year 1974 when the Peace Operation, which was carried out by the Heroic Turkish Armed Forces by virtue of the Motherland's natural, historical and legal right of guarantorship emanating from Agreements, provided to the Turkish Cypriots the means of living in peace, security and liberty; and

Whereas, in the face of attempts made to deprive it of all its rights emanating from history, international agreements and from human rights declarations and covenants and to destroy completely its existence in Cyprus; and in the face of a Republic of Cyprus which has, since 21 December 1963. Come under the monopoly of the Greek Cypriots through unlawful means, which has been transformed into a Greek Cypriot State not only from the point of view of its composition but also from the point of view of the policy it followed, and Which has, as a result of its racist and discriminatory policy and actions serving Pan-Hellenist expansionism, departed from the Agreements and the principles embodied in the Constitution and thus lost its legitimacy, the Turkish Cypriot People has, in exercise of its right of self-determination, proclaimed before the world and history the establishment of the Turkish Republic of Northern Cyprus; Now, therefore,

For the purposes of:

Giving life to the Proclamation of Independence which was accepted unanimously and with great enthusiasm on 15th November 1983

Continuing its existence in its own homeland in full security and humane order;

Establishing a democratic and secular State with a plural party system based on social justice aiming to protect human rights and liberties, the rule of law and the peace and welfare of the individual and Community; and

Being faithful to the Principles of Atatürk and in particular for spreading His-principle of " Peace in the Homeland, Peace in the World ";

THE TURKISH CYPRIOT PEOPLE with whom the absolute right to sovereignty rests;

Approves and proclaims this Constitution passed by the Constituent Assembly of the Turkish Republic of Northern Cyprus as the Constitution of the Turkish Republic of Northern Cyprus established on 15th November 1983;

Entrusts it to the vigilant guarding of its children who are devoted to freedom, justice and virtue, with the belief that the real guarantee lies in the hearts and the will of the citizens.

 

PART I. - GENERAL PROVISIONS

The Form and Characteristics of the State:

Article 1

The Turkish Republic of Northern Cyprus is a secular republic based on the principles of supremacy of democracy, social justice and law.

The Integrity, Official Language, Flag, National Anthem and Capital of the State:

Article 2

    1. The State of the Turkish Republic of Northern Cyprus is an indivisible whole with its territory and people.
    2. The official language is Turkish.
    3. The Flag and the National Anthem of the Turkish Republic of Northern Cyprus are prescribed by law,
    4. The capital of the Republic is Nicosia (Lefkosha).

Sovereignty:

Article 3

    1. Sovereignty shall vest in the people comprising the citizens of the Turkish Republic of Northern Cyprus, without condition or reservation.
    2. The people shall exercise its sovereignty, within the framework of the principles laid down by the Constitution, through its competent organs.
    3. No group, class or person can claim sovereignty to itself.
    4. No organ office or authority can exercise any power which does not emanate from this Constitution.

The Legislative Power:

Article 4

Legislative power shall vest in the Assembly of the Republic on behalf of the people of the Turkish Republic of Northern Cyprus.

The Duties and Powers of the Executive:

Article 5

The executive duties and powers shall be carried out and exercised by the President of the Republic and the Council of Ministers in accordance with the Constitution and laws.

Judicial Powers:

Article 6

The judicial powers shall be exercised on behalf of the people of the Turkish Republic of Northern Cyprus by independent courts.

Supremacy and Binding Force of the Constitution:

Article 7

    1. Laws shall not be contrary to or inconsistent with the Constitution.
    2. The provisions of the Constitution shall be the fundamental legal principles binding the legislative, executive and judicial organs, the administrative authorities of the State and individuals.

Equality:

Article 8

    1. Every person shall be equal before the Constitution and the law without any discrimination. No privileges shall be granted to any individual, family, group or class.
    2. The organs and the administrative authorities of the State are under an obligation to act in conformity with the principle of equality before the law and not to make any discrimination in their actions.
    3. The benefits acquired or to be acquired by persons, who are economically weak, by virtue of the Constitution and the laws, cannot be eliminated by putting forward this Article.

Provisions that cannot be changed:

Article 9

The provisions embodied in Article I, in paragraphs (I) and (2) of Article 2 and In Article 3 of this Constitution cannot be changed; nor can any proposal be made for changing them.

 

PART II. - FUNDAMENTAL RIGHTS, LIBERTIES AND DUTIES

Chapter I

GENERAL PROVISIONS

The Nature of Fundamental Rights and their Protection:

Article 10

    1. Every person has, by virtue of his existence as an individual, personal fundamental rights and liberties which cannot be usurped, transferred or renounced.
    2. The state shall remove all political, economic and social obstacles which restrict t u fundamental rights and liberties of the individual in a manner incompatible with the individual's well-being; social justice and the principles of a state under the rule of law; it shall prepare the necessary conditions for the development of the individual's material and moral existence.
    3. The legislative, executive and judicial organs of the State, within the spheres of their authority, shall be responsible for ensuring that the provisions of this Part are wholly implemented.

The Essence and Restriction of Fundamental Rights and Liberties:

Article 11

Fundamental rights and liberties can only be restricted by law, without affecting their essence, for reasons such as public Interest, public order, public morals, social justice, national security, public health and for ensuring the security of life and property of persons.

Fundamental Rights and Liberties and Powers not to be Misused:

Article 12

No provision of this Constitution shall be construed or interpreted as to give any real or legal person, group or class of persons the right and authority to commit acts or to engage in activities aimed at changing the rights and status of the Turkish Republic of Northern Cyprus and of the Turkish Cypriot people guaranteed by this Constitution or at destroying the order established by this Constitution or at removing the fundamental rights and liberties recognised by this Constitution.

The Status of Aliens:

Article 13

The rights and liberties referred to in this Constitution may be restricted by law in respect of aliens, in accordance with international law.

 


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