Turkey, with its unique blend of European and Middle Eastern cultures, has a complex constitutional system based on centuries of legal traditions. Understanding the nuances of the Turkish constitutional law system is essential for those interested in practicing law in the country or researching the legal and political landscape.
This article serves as a comprehensive guide to studying constitutional law in Turkey, exploring the legal system of the country, the constitution, the role of the Constitutional Court, basic rights and freedoms, current challenges and reforms, as well as educational and career opportunities for those interested.
Overview of Studying in Turkey
Turkey is home to approximately 207 government and private universities located throughout the country, with over 8 million international and domestic students. It is among the top European countries in terms of student enrollment. Turkish universities offer a wide range of specialties, with nearly 60,000 different programs available.
Turkish universities are advancing in rankings year after year, thanks to scientific and research developments in recent years. There are numerous benefits to studying in Turkey. Turkey is one of the most desirable countries for international students due to its unique natural aspects, transportation facilities, and many other advantages.
Introduction to Turkish Constitutional Law System
The Turkish constitutional law system is considered a fundamental pillar of the country's legal framework. The country's constitution defines the principles, rules, and institutions that govern the nation and provides a framework for the exercise of state authority.
Overview of Turkish Legal System
Turkey has a civil law system heavily influenced by Swiss and German legal systems. The legal system in the country is based on the concept of a written constitution that provides a framework for the exercise of state authority. The legal system in the country is divided into two main branches: public law and private law.
Public law consists of rules and systems governing the relationship between the state and its citizens, including constitutional law, administrative law, and criminal law. On the other hand, private law deals with the rules governing relationships between individuals.
History and Development of the Turkish Constitution
Since its establishment as a modern republic in 1923, Turkey has had several constitutions. The current constitution came into effect in 1982 after a military coup. The constitution has undergone several amendments since its adoption.
Structure and Provisions of the Turkish Constitution
The Turkish Constitution defines the principles, rules, and institutions that govern the country. It consists of 177 articles and is divided into four main sections: General Principles, Fundamental Rights and Freedoms, Legislative Power, and Executive Power.
The constitution declares Turkey as a democratic and secular state, with the President as the head of state and the Prime Minister as the head of government.
Role of the Turkish Constitutional Court
The Constitutional Court is the highest court in Turkey and plays a crucial role in the country's legal system. Its main role is to ensure the constitutionality of laws and regulations and protect the fundamental rights and freedoms of citizens.
The Court consists of 15 members, appointed by the President, the Grand National Assembly, and the General Assembly of the Court.
Important Decisions of the Constitutional Court
The Turkish Constitutional Court has made several historical decisions since its establishment. One of the most significant was the 2008 decision to ban the Democratic Society Party, a political party accused of having links to the Kurdistan Workers' Party, a terrorist organization.
The Court has also issued important rulings regarding freedom of expression, individual privacy, and religious freedom.
Constitutional Guarantees for Fundamental Rights in Turkey
The Turkish Constitution guarantees fundamental rights and freedoms, including the right to life, freedom of expression, and freedom of religion. It also provides for the protection of individual privacy, property rights, and equality before the law.
Constitutional Law and the Turkish Legal System
Constitutional law forms the backbone of the Turkish legal system, defining the basic principles, rights, and freedoms for citizens. The Turkish Constitution, last amended in 2017, specifies the structure, duties, and powers of the three branches of government: executive, legislative, and judiciary.
Relationship of Constitutional Law with Other Branches of Law in Turkey
Constitutional law in Turkey has a profound impact on all other branches of law, including criminal, civil, and administrative law. Constitutional principles and provisions guide judges and lawyers in interpreting and applying the law in cases involving fundamental rights and freedoms or conflicts between government bodies.
Importance of Constitutional Law in Legal Practice in Turkey
Constitutional law is a fundamental field of expertise for lawyers practicing in Turkey because it supports the legitimacy of the legal system and justice. Constitutional lawyers represent clients in cases involving violations of constitutional provisions, such as freedom of expression, religion, and assembly. They also advise companies and government agencies on compliance with constitutional rules and regulations.
Challenges and Constitutional Reforms in Turkey
The Turkish Constitutional Court is the ultimate authority for interpreting and applying the constitution. The Court examines cases challenging the constitutionality of laws, regulations, and executive procedures. Its rulings have significant effects on the protection of fundamental rights and freedoms in Turkey.
Current Efforts to Reform the Turkish Constitutional System
In recent years, there have been ongoing efforts to reform the Turkish constitutional system. The most significant constitutional reform took place in 2017, abolishing the parliamentary system and replacing it with an executive presidency. The reform also expanded the powers of the president, leading to a lively debate on the balance of power among the various branches of government.
Best Universities for Studying Constitutional Law in Turkey
Galatasaray University
These programs cover a wide range of subjects, including comparative constitutional law, human rights law, and constitutional theory.
In addition to university programs, aspiring constitutional lawyers can attend seminars, workshops, and conferences organized by legal organizations and institutions in Turkey. These events provide opportunities to learn from experienced constitutional lawyers and judges and stay updated on legal developments.
Job Opportunities for Graduates of Constitutional Law in Turkey
Graduates of constitutional law in Turkey can pursue various career paths, including working in private law firms or government agencies. They can also work as in-house legal advisors for companies or non-profit organizations involved in policy-making, advocacy, and activism.
The Future of Constitutional Law Practice in Turkey
The Turkish legal system has undergone significant changes over the years, and it is expected that the practice of constitutional law will evolve alongside it. With the recent constitutional reform, there is likely to be an increased demand for constitutional lawyers who can navigate the complexities of the new system. As such, individuals interested in pursuing constitutional law in Turkey can expect to find a dynamic and rapidly evolving field of practice.
Student Exchange Programs in Turkish Universities
The questions revolve around the possibility of studying at different universities in different locations outside or inside Turkey. The university offers several programs for local and international student exchange, the most important of which are: Erasmus program, Mevlana program, and Farabi program.
Erasmus Program
The Erasmus program is one of the important study programs that allow student exchange between European and other international universities. Turkey joined this program in 2003, and it is one of the easiest ways to study in Europe, where approximately 3 million students have participated since the program's inception.
The program offers financial support, opportunities to learn new teaching methods, learn a new foreign language, and discover new countries, their history, and civilization. To join the program, you must complete at least one academic year, have a GPA higher than 2, pass a language test, provide a personal photo, valid passport, grade report, and letter of recommendation.
Melvana Program
The Mevlana program, implemented in 2011, allows student exchange between universities in Turkey and within other countries. To apply for the program, you must complete at least one academic year, have a cumulative GPA higher than 2.5, pass a language test, provide a personal photo, valid passport, grade report, and two letters of recommendation that can be obtained from the university.
Farabi Program
The Farabi program allows students to exchange between Turkish universities without canceling their registration in their original university. To register for the program, you must complete at least one academic year (excluding the preparatory year), have a cumulative GPA higher than 2, and have the right to apply for only one university. This grant funds one semester with the possibility of completing further semesters.
Conditions for Studying Constitutional Law in Turkey
Public Universities
Admission to some Turkish government universities depends on success in the Turkish YÖS aptitude test or the SAT aptitude test, in addition to obtaining a high school diploma with a varying grade requirement depending on the university.
A TOEFL test and Turkish language proficiency test (TOMER) are required if the language of instruction is Turkish. If the student doesn't have a TOEFL or TOMER certificate, they will have to take a language proficiency test at the same university they're applying to if accepted. If the student passes, they start their first year of study immediately. If they fail, they have to undergo a preparatory year to learn the language.
Private Universities
As for the study requirements in Turkish private universities, they don't require any additional conditions from students. It's enough to have a high school diploma with a grade of no less than 50%. When choosing to study in English, a preparatory year is taught, as well as when studying in Turkish.
Advantages of Registering through Turkey Campus
One of the main advantages that Turkey Campus offers to students when registering at Turkish universities include:
The ability to sign contracts with private universities in Turkey, which guarantees foreign students' admission and a reduction in tuition fees upon acceptance.
Turkey Campus provides multiple options for private and public universities, indicating available majors, annual fees, duration of study, and required registration documents.
Based on each student's motivation, we offer tailored educational consultations for their specific situation.
We guide students through all the necessary steps for official registration in the university and obtaining a student ID card.
We also assist in securing suitable university housing and obtaining residence permits for students.
We maintain continuous communication with students to provide advice and address any inquiries they may have.
If you're interested in joining one of the universities in Turkey, we at Turkey Campus are pleased to offer you a helping hand and embark on the journey towards your future.
Our team of experienced professionals will guide you through the entire application process to Turkish universities, starting from choosing the suitable program to submitting your application, securing your acceptance, and ensuring that you benefit from all available grants and discounts offered by the universities through us.