AMENDMENTS ON 1961 CONSTITUTION FROM POLITICAL AND LEGAL POINT OF VIEW (1969-1974)

1961 Constitution is an absolutely important text in terms of Turkish political culture and constitutional process. Prepared by the Founder Parliament in the aftermath of 27 May Coup and approved by the public, 1961 Constitution has always been of concern in political and social agenda. Although it was prepared in an anti-democratic atmosphere, it has a libertarian and pro-freedom content, which makes 1961 Constitution different from other constitutional texts. This characteristic of constitution brought about some criticism in the following years. The study analyzes the criticisms forwarded to 1961 Constitution, debates on this constitution and the amendments made throughout the years between 1969 and 1974 from a political and legal point of view. Having been amended for 7 times during these years, 1961 Constitution became quite different from the first main text. There were no considerable amendments during the single government of Adalet Party between 1965 and 1971, while the main difference was made after the 12 March 1971 Memorandum. It could be said that specifically the political and social issues faced by Turkey throughout the years between 1967 and 1971 played a significant role on these constitutional amendments. Turkish Armed Forces, who ensured that 1961 Constitution was prepared, made an intervention to Turkish policy through 12 March memorandum and played the most significant role in the amendment of 1961 Constitution to a great extent. It could be said that the constitutional amendments made after 1971 was specifically aimed at the protection of public order and establishment of national unity. In this context, the limitations to individual rights and freedom were identified. The study makes use of archival resources, official records, newspapers, memoirs and audit works (tetkik eser), and it is expected that the study will contribute to our political history and constitutional summation of knowledge.

Keywords

1961 Constitution, Armed Forces, 12 March Memorandum, National Security, 1969- 1974.