Venice Commission - Report on Bicameralism

Disclaimer: this information was gathered by the Secretariat of the Venice Commission on the basis of contributions by the members of the Venice Commission, and complemented with information available from various open sources (academic articles, legal blogs, official information web-sites etc.).

Every effort was made to provide accurate and up-to-date information. For further details please visit our site : https://www.venice.coe.int/

Türkiye

1.Has the country ever had a bicameral parliamentary (or congressional) system in the past? If so, in which period? Why was it decided to change into a unicameral system? Is there a public debate about changing to a bicameral system? What are the terms of the debate?

In Türkiye, a bicameral parliamentary structure was preferred during the “1876 Kanun-u Esasi” and “1961 Constitution” periods. In the 1921 and 1924 Constitutions and the 1982 Constitution, a unicameral parliamentary structure was adopted.
The bicameral parliamentary system was first experienced with the 1876 Constitution during the First Constitutional Period (I. Meşrutiyet). The legislative body, which is called the Meclis-i Umumi, consists of two assemblies, namely the Meclis-i Mebusan and the Meclis-i Ayan. (Articles 42-80 of the 1876 Constitution). The bicameral system came to an end with the opening of the Turkish Grand National Assembly, which was the "constituent assembly" on April 23, 1920. The 1921 Constitution (Teşkilat-ı Esasiye Kanunu) was adopted by this First Turkish Grand National Assembly, which also led the Turkish National War of Independence. According to this Constitution, the parliament had a unicameral structure. The fact that the 1921 Constitution established a unicameral structure is a result of the historical and political conditions at that time, as well as the system itself. Due to the 1921 Constitution's adoption of the parliamentary government system and the need for a parliament with a structure that could take urgent decisions in an extraordinary period such as war, it was not possible to consider a bicameral structure in that period.
Another significant experience with the bicameral system was the Senate of the Republic that was in force between 1961 and 1980, which was accepted in the 1961 Constitution. During the 1961 Constitution period, a bicameral parliament consisting of the National Assembly and the Senate of the Republic was established.
Although the bicameral system was discussed in the preparation process of the 1982 Constitution and in the parliamentary discussions, the legislative body was accepted as a unicameral body, with the thought that the implementation of this system between the years 1961-1980 did not meet the expected benefit from it and caused a waste of time in the legislative processes. In this context, the failure to see the expected benefit in the period of 1961 Constitution led to the abandonment of the bicameral parliamentary system in the 1982 Constitution.
Although some authors from the literature argue that the bicameral system can be beneficial for pluralist democracy, there is no current public debate on the subject.

2.What is the population of the country? What is its size?

The population of Türkiye is 85,279,553 as of 31 December 2022; the surface area of Türkiye is approximately 780000 km2.

3.What form of state and form of government has the country? Please provide details with reference to relevant constitutional provisions. a) Unitarian or federal/regional/other form of decentralization; b) Parliamentary, presidential, semi-presidential or mixed

Pursuant to Article 1 of the Constitution of the Republic of Türkiye, titled “Form of the State”, the State of Türkiye is a Republic.
The characteristics of the Republic are listed in Article 2 of the Constitution, and according to this, “The Republic of Türkiye is a democratic, secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the preamble.”
The Republic of Türkiye is a unitary state. In addition, the principle of local administration has been adopted and maintained together with the unitary state form since the establishment. Pursuant to Article 123 of the Constitution, titled "Integrity of the administration and public legal personality”, “The administration is a whole with its formation and functions, and shall be regulated by law. The organization and functions of the administration are based on the principles of centralization and decentralization.” In this context, there are strong local administrations whose foundation principles, duties and powers are determined by law, whose decision-making bodies are elected by the people through elections and which are not autonomous. This is stated in Article 127 of the Constitution titled “Local Administrations” as follows: “Local administrations are public corporate bodies established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose principles of constitution and decision-making organs elected by the electorate are determined by law. The formation, duties and powers of the local administrations shall be regulated by law in accordance with the principle of local administration.”
In terms of the form of government, the Presidential System, adopted with the 2017 Constitutional Amendment, entered into force after the Turkish Grand National Assembly and Presidential elections held on 24th of June 2018.
According to the provisions of the Constitution regarding the Presidential System, in conformity with the Constitution and laws, the executive power and function shall be exercised and carried out by the President (Article 8), who is elected directly by the public. (Article 101).
According to Article 104 of the Constitution, “The President of the Republic is the head of the State. The executive power shall be vested in the President of the Republic. The President of the Republic, in his/her capacity as the Head of State, shall represent the Republic of Türkiye and the unity of the Turkish Nation; he/she shall ensure the implementation of the Constitution, and orderly and harmonious functioning of the organs of the State.”

4.How many members are in the lower house?

There are 600 members of parliament, elected through proportional representation from 87 electoral districts.