مرکز منطقه ای اطلاع رساني علوم و فناوري - 1924 Anayasası Döneminde Yurttaşlık Anlayışı

Abstract :

The concept of citizenship as a key concept, has always been important for determining the basis of belonging to the state not only before the existence of written constitution but also after it. In the phases of the Republic of Turkey and the collapse of the Ottoman Empire, firstly 1876 Kanun-i Esasi (The Fundemental Law), subsequantly comprehensive changes made in 1909, 1921 Teşkilat-ı Esasiye Kanunu (Fundemental Organisation Act) and finally 1924 Constitution came into force. 1924 Constitution consists of 6 chapters and 105 articles. Unlike 1921 Teşkilat-ı Esasiye Kanunu which was in force before 1924 Constitution, it contains more detailed regulations. Apart from that, provisions on fundemental rights and freedom which are not included in 1921 Teşkilat-ı Esasiye Kanunu, are located in 1924 Constitution. Certainly, the subject of fundemental rights and freedoms are citizens. Citizenship, who are the subject of the rights in the constitutions, are regulated in Constitution. In this paper, a short description of the concept of citizen and its today’s meaning are discussed. Then definitions of citizenship in 1876 Kanun-i Esasi, 1909 amendments, 1921 Teşkilat-ı Esasiye Kanunu and 1924 Constitution are examined and focus on debates regarding the definition of citizenship in the 1924 Constitution. A definition of citizenship in the 1924 Constitution is analyzed and some codes reflecting the understanding of citizenship is mentioned. Also, differences between the definition in 1961 and 1982 and the definition in 1924 Constitutions are showed. Finally the idea of drafting a new constitution which is often raised is considered and a possible definition of citizenship is presented.