Abstract:

The first constitution of the Ottoman Empire, called "Kanun-ı Esasi" (Fundamental Law) was adopted in December 23, 1876. Public Council composed from Senato and Board of Deputies was set up with this constitution. While the members of Senato were assigned by Sultan, the members of Board of Deputies were elected by the public with a two-grade election system. However, The Public Council were not authorized broadly. It was mandatory to get the approval of Sultan, in order to be proposed a law by the councilors. Again, the coming into force of the bills adopted by the two parliaments were attached to the approval of Sultan. Any time, The Sultan was authorized to terminate the Board of Deputies. Some changes were made in "Kanun-ı Esasi" on August 3, 1909. Sultan's authority was reduced and the powers of the Assembly of Deputies was increased by these amendments. The weight on the state management of Assembly of Deputies was increased by extending its annual study period. It was accepted that the Ministers were responsible from the government's general policy collectively and from the process of their own ministries individually, to the Assembly of Deputies. The authority of overthrowing the ministers or government through the motion of censure mechanism were given to the Assembly of Deputies. It was ensured that The Council of Ministers would be convened by the moderation of grand vizier and it would be the decision-making authority where the important internal and external issues were being negotiated and that when the decisions which were made and required approval were offered to Sultan, they would be carried out by Sultan's will. Sultan's authority to dissolve The Assembly was made more difficult. The use of mentioned authority was attributed to the condition of making new election within three months and to the approval of Senato. Uncertainty has been eliminated in the preperation of laws. New regulations on individual rights and freedoms have been introduced. In the initial state of the article 10, the immunity of the freedom of people against any kind of attack and the sentence of anybody that couldn't be given for any reasons other than determined by the law excuses had been taken under the provisions. In the revised form of the mentioned article, after having been repeated the immunity of the freedom of the people against any kind of attack, it was accepted that nobody could be arrested and punished with any excuse other than determined by the rules and laws of sharia. In addition, the article 113 which authorized Sultan for removal and deporting of the people from the borders of the Ottoman Empire had been repealed, communication privacy, freedom of assembly and forming associations had been adopted

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