Constitution of the Ottoman Empire

Opening of the first Ottoman Parliament (Majlis-i Umumî), 1877.

In essence, it is possible to start the developments that led to the adoption of the Constitutional Law and the beginning of the First Constitutional Monarchy period with the student movement that emerged on May 10, 1876. When this movement of the madrasa students received support from the public, Sultan Abdülaziz was forced to dismiss Grand Vizier Mahmud Nedim Pasha and Sheikhulislam Hasan Fehmi Efendi and appointed Mütercim Rüşdü Pasha as Grand Vizier and Imam-ı Sultani Hayrullah Efendi as Sheikhulislam. In the meantime, Hüseyin Avni Pasha was appointed as serasker and Midhat Pasha took part in the Council of State as the president of the Council of State. There is evidence that this team, which had relatively seized power, was behind the student movement. Later, Sultan Abdülaziz was deposed and replaced by Prince Murad by this same team. Three months later, Murad V was replaced by Abdulhamid II. The fact that Abdülhamid II was in favor of the Kanun-i Esasi and the Constitutional Monarchy, or appeared to be in favor of it, certainly had an impact on this election. In the meantime, Midhat Pasha started to prepare the Kanun-i Esasi.

It can be said that mainly external reasons played a role in the preparation of the Kanun-i Esasi. The dethronement of Sultan Abdülaziz and his replacement first by Murad V and then by Abdülhamid II coincided with the period in which rebellion broke out in Bosnia-Herzegovina, where the Christian population was densely populated, turmoil increased in Bulgaria and Serbia and Montenegro, who wanted to use these events as an excuse to expand their sphere of dominance, declared war on the Ottoman Empire. Contrary to expectations, the war with Serbia and Montenegro continued in favor of the Ottomans, which led first to the signing of a two-month ceasefire with the intervention of Russia and then to the request of Britain, which saw this as a danger for itself against the possibility of Russia gaining power in the region, for an interstate conference to discuss the disturbances in the Balkans. As a result, the Ottoman Empire agreed to convene a conference in Istanbul. The states that had signed the Treaty of Paris, Ottoman Empire, Russia, France, England, Germany, Italy and Austria participated in the conference. In order to influence the western states at the conference and to show that there was no need for a reform in the Balkans with the intervention of foreign states and that the Ottoman Empire was already willing and working on a reform, Kanun-i Esasi was declared on December 23, 1876. The activities of the conference were announced to the people of Istanbul with cannon shots. On the same day, the sultan's text on the declaration of the constitution was read at a ceremony. However, this announcement did not have the expected effect on the foreign delegates.

The proclamation of the Kanun-i Esasi is actually similar to the Tanzimat Edict and the Islahat Edict to a certain extent. The Tanzimat Edict, which was read at Gülhane, was largely focused on the Egyptian issue, while the Islahat Edict was aimed at securing the support of the western states gathered at the Paris Conference convened after the Crimean War. However, it is unnecessary to attribute the Kanun-i Esasi entirely to external reasons. Internal reasons also played a role in its promulgation. In a sense, the Kanun-i Esasi was a natural continuation of the modernization movement that had begun with the Tanzimat. In fact, the Young Ottomans, an important opposition movement of this period, had made some progress in the idea of the people having a say in the government. The similarities between the Young Ottomans and Midhat Pasha emerged mostly on this idea. However, the fact that external dynamics played a greater role than internal dynamics in the promulgation of the constitution prevented this movement from following a continuous upward trajectory in the following periods.

Midhat Pasha had drafted a 57-article constitution during the reign of Murad V. Abdülhamid II assigned Said Pasha the task of translating the French constitutions that had been adopted until then into Turkish. These translations resulted in a second draft. Finally, a commission was established under the name of Meclis-i Mahsus, chaired by Midhat Pasha and composed of ulema, military and bureaucrats to prepare the final text. This commission, which had between 24-37 members, worked in sub-commissions and prepared a draft. Western constitutions were also utilized in the preparation of this draft. While the work was going on, an anti-constitutional atmosphere began to form in the public opinion and preparations for a new student movement slowly began. Midhat Pasha and his supporters wanted those who worked against the constitution to be sent into exile without trial, and even though the sultan wanted them to be put on trial, Midhat Pasha's wish came true. In the end, the draft bill was discussed and accepted by the Committee of Vükela and submitted to the sultan for approval.

A constituent assembly or a legislative assembly composed of representatives of the people did not take part in the preparation of the law. In this respect, although there are jurists who say that the Kanun-i Esasi cannot be a constitution in form, there is no reason why it should not be accepted as a constitution in terms of substantive law. In the drafting of the constitution, conservatives such as Cevdet Pasha and Mütercim Rüşdü Pasha, who took care to protect the rights of the sultan, and the liberal-reformist group led by Midhat Pasha, Süleyman Pasha, Ziya Pasha and Namık Kemal struggled. It is understood that the most controversial article of the Kanun-i Esasi was Article 113, which gave the sultan the authority to send the Sultan into exile abroad. It is known that Namik Kemal and Ziya Pasha, the leading figures of the Young Ottomans, opposed this article and reproached Midhat Pasha for not showing the necessary determination to carry out the desired reforms.

The Kanun-i Esasi consists of 119 articles grouped under twelve headings. The constitutional order established by these articles is summarized as follows: The state is a unity (Article 1); the sultanate and caliphate belong to the eldest male son of the Osmanids (Article 3); the appointment and dismissal of deputies, concluding contracts with foreign states, declaration of war and peace, recitation of his name in khutbahs, command of land and naval forces, convening and recessing of the Parliament, dissolution of the Assembly of Deputies are among the inviolable rights of the sultan (Article 7); Islam is the official religion of the state (Article 11); The press is free before the law (Article 12); Freedom of religion and conscience and sectarian privileges of members of other religions are recognized, provided that they do not violate public decency and public order (Article 13); Everyone has the right to education and training (Article 15); Non-Muslims, who form part of Ottoman society, may be educated in accordance with their own beliefs (Article 16); Ottoman subjects have the right to petition, property, inviolability of dwelling (Articles 14, 21, 22); No one may be tried in any court other than the one provided for by law (Article 23); Torture is prohibited (Article 26); The Grand Vizier and the Sheikhulislam are personally appointed by the Sultan and appointed by the Sultan, other deputies are appointed by the Grand Vizier and appointed by the Sultan (Article 27); Deputies are responsible for the activities related to their duties; the Assembly of Deputies decides whether they should be brought before the supreme court in relation to their duties, and in matters related to their personalities, they are tried in the court to which they belong (Articles 30, 31, 33); In case of a disagreement between the deputies and the Assembly of Deputies, the sultan is authorized to replace the deputy or dissolve the Assembly of Deputies (Article 35); In cases of undue delay, an interim law could be enacted (Article 36); the Assembly convened in early October each year and ceased its activities in early March; the sultan could call the Assembly to convene prematurely if deemed necessary (Articles 43,44); In the event that members are accused of treason, amending the Constitution and highway robbery, their membership shall be revoked by a two-thirds majority, and those who have a final judgment of conviction shall have their membership revoked (Article 48); Judges cannot be dismissed (Article 81); Trials are public and courts cannot refuse to hear cases that fall within their jurisdiction and responsibility (Articles 82, 84); Cases between individuals and the government shall also be heard in general courts (Article 85); Courts of extraordinary jurisdiction may not be established under any name whatsoever (Article 89); No expenditure may be made outside the budget unless authorized by a special law (Article 100); In the event of signs of a revolution in any part of the country, the government has the right to declare martial law specific to that region, and those who are found to have violated the security of the government through investigations by law enforcement agencies may be removed from the country by the sultan (Article 113); No article of the Kanun-i Esasi can be suspended under any pretext (Article 115); the provisions of the Kanun-i Esasi can be amended by a two-thirds majority of both houses of parliament and the approval of the Sultan (Article 116). This last article places this constitution among the strict constitutions. No article of the Kanun-i Esasi can be suspended under any pretext (Article 115); the provisions of the Kanun-i Esasi can be amended by a two-thirds majority of both houses of parliament and the approval of the Sultan (Article 116). This last article places this constitution among the strict constitutions.

Shortly after the 1876 constitution came into force, Midhat Pasha was forced to resign and then sent into exile under Article 113. The Majlis-i Umumi worked for two terms and then was suspended until the Constitutional Monarchy II. The cosmopolitan structure of the assembly played a role in this recess. Although Article 65 stated that one deputy would be elected for every fifty thousand men, this was not the case in reality. In the first term of the parliament, there was one deputy for every 18,750 Jewish men, one deputy for every 107,550 Christian and 133,367 Muslim men. Differences also emerged between regions. While there was one deputy for every 88,882 men in the European region, there was one deputy for every 162,148 men in the Asian region. Even though the Law-i Esasi was in a sense suspended with the recess of the parliament, it continued to be published in full at the beginning of the Ottoman salnamas (yearbooks published annually).

The Kanun-i Esasi, which was suspended in a sense after the recess of the Assembly of Parliament, came back into force with the proclamation of the Constitutional Monarchy II. In the years following the proclamation, the Kanun-i Esasi was amended seven times. The most radical of these was on August 21, 1909. In this amendment, 21 articles were changed, 1 article was completely removed and 3 articles were added. The most important innovations introduced were that the sultan swore allegiance to the constitution in the Majlis-i Umumi, the government was henceforth accountable to the Majlis-i Mebusan and was obliged to obtain a vote of confidence, the first and second presidents of the Majlis-i Mebusan were directly elected by the sultan himself, and the sultan was obliged to exercise his rights only through the Majlis-i Vükela. In addition, this amendment increased the powers of the legislative body in making treaties, both parliaments could convene spontaneously without the sultan's invitation to convene, legislation could also be proposed directly by the deputies, the Shura-i State was removed from the legislative power, the absolute veto power of the sultan was limited, and the parliament was obliged to approve the law returned to it if it was sent back by a two-thirds majority. With the new regulation, some of the powers granted to the sultan in the 1876 text were abolished, thus giving the Ottoman Empire a more constitutionalist structure and essentially adopting a parliamentary model of government. On the other hand, the most controversial article 113 of the 1876 constitution, which gave the sultan the power of exile, was also repealed. This major amendment was followed by the amendments of 1914, 1915, 1916 and 1918, which were almost as important. This 1876 constitution survived until the end of the Ottoman Empire.

References

• Tarık Zafer Tunaya - 1876 Kanun-i Esasisi ve Türkiye’de Anayasa Geleneği.

  
  

• Bernard Lewis - Modern Türkiye’nin Doğuşu

  
  

• MEHMET ÂKİF AYDIN, "KĀNÛN-ı ESÂSÎ", TDV İslâm Ansiklopedisi, https://islamansiklopedisi.org.tr/kanun-i-esasi (24.02.2025).