As Unal&Partners Law Firm, we take great pride and excitement in celebrating the 100th anniversary of the Republic of Turkey. During this special period, we wanted to explore the legal foundations of the Republic of Turkey, considering the country's legal evolution and the significant contributions it has made. In this article, we will focus on the legal processes and legal revolution of the Republic of Turkey, shedding light on the key factors in the establishment and development of the Republic.
From a legal perspective, the Republic was officially founded on October 29, 1923, with the adoption of Law No. 364, "Law Amending Some Provisions of the Constitution of 1921," which introduced amendments to six articles (Articles 1, 2, 4, 10, 11, and 12), including the addition of the sentence, "The form of the state in Turkey is a Republic," to Article 1.
When discussing the factors that influenced the establishment of the Republic of Turkey and the principles adopted, it is important to consider the legal dimension of this historical process. The role of law in the formation of the Republic of Turkey was significant. The legal process played a crucial role in creating a legitimate foundation at each stage. The arrival of Mustafa Kemal in Anatolia, his election as a delegate in the Erzurum and Sivas Congresses, the convening of the Grand National Assembly on April 23, 1920, and the enactment of the first constitution in 1921, were key legal steps taken to facilitate the declaration of the Republic.
The principle of the rule of law establishes a strong bond between law and the state. Law compels the state to abide by its provisions, while the state relies on the law to govern its citizens and secure their obedience. In a state governed by the rule of law, the state's legitimacy derives from the law, and it administers the country through legal means. A law-based state ensures the regulation of society based on the rule of law.
Mustafa Kemal, in his pursuit of establishing a modern Turkish state, embraced the concept of a legal state. Law played a vital role in legitimizing the new order, maintaining social order, and serving as a means of control. Furthermore, through law, numerous cultural revolutions were promoted and regulated, including the alphabet reform, dress code, adoption of surnames, the introduction of a new calendar, and granting rights to women.
The visionary leaders who aimed for the establishment of a modern Turkey during the early Republican era regarded civilization as a fundamental reference point. In this context, Western civilization was embraced as the primary point of reference. Westernization began in the final years of the Ottoman Empire and continued into the Republican era, as demonstrated during the Tanzimat period. During this era, Western legal practices were integrated into the Ottoman legal system, leading to legal reforms. The Republican period also witnessed the ongoing process of Westernization and the adoption of Western legal principles.
The legal revolution of the Republican era furthered the legal reforms initiated during the late Ottoman period and embraced a comprehensive adoption of Western legal practices. The adoption and implementation of laws such as the Civil Code, the Code of Obligations, the Turkish Penal Code, the Code of Civil Procedure, the Commercial Code, the Code of Criminal Procedure, and the Execution and Bankruptcy Law contributed to the acceleration of Turkey's modernization and advancement. The legal revolution also played a role in enhancing legal consciousness in society and introduced Turkish legal professionals to a new way of thinking.
The legal foundations of the Republic of Turkey, which were instrumental in its establishment, played a significant role in shaping modern Turkish society and achieving national unity. The modernization and secularization of the law removed the dual legal structure, creating legal uniformity across the country. Through this legal transformation, Turkey took a significant step towards approaching the legal standards of contemporary civilization.
As we celebrate the 100th anniversary of the Republic of Turkey during this special period, it is a perfect opportunity to remember our country's legal history and legal transformation, appreciating the accomplishments and progress of our nation. Mustafa Kemal Atatürk and the Republican cadres took significant steps in using the power of law to transform Turkey into a modern global society. Unal&Partners Law Firm has had the opportunity to explore the legal foundations of the Republic of Turkey through this article, and we aim to share the story of the founding process and legal evolution of the Republic with future generations. We extend our best wishes for the continued success and development of the Republic of Turkey.
Unal Partners Legal Team
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