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1876 Anayasası’nda 1909’da Yapılan Değişikliklerin Amaçları ve Uluslararası Andlaşmaların Yapılışı ile İlgili Değişikliğin Amaçlara Uygunluğu

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.4, No. 2)

Publication Date:

Authors : ;

Page : 347-361

Keywords : Constitution of 1876; Changes of 1909; Constitutional Monarchy; International Treaties; Stages of Conducting International Treaties.;

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Abstract

The regulation of the 1876 Constitution regarding conducting international treaties was included in the 7th article. With this regulation the authority to conduct international treaties was given to the Sultan. In other words, it was accepted that the Sultan was authorized in terms of the formation and formalization of the texts of international treaties, and in being binding and the enforcement of international treaties. Substantial changes were made in the 1876 Constitution in 1909 to restrict the Sultan's powers, increase the parliament's powers, and turn the Ottoman Empire into a genuine constitutional monarchy. One of the changes made in the Constitution of 1876 in 1909 concerns the conducting of international treaties. This study examines the change made in the Constitution of 1876 regarding conducting international treaties in 1909 and its appropriateness for the 1909 changes. According to the conclusion reached by this study, after the change made in 1909 regarding conducting international treaties, the authority to conduct international treaties again belongs to the Sultan. However, certain international treaties were required to be approved by the parliament to become binding. This situation reveals that the change made in 1909 regarding the conducting of international treaties was in line with the aims of the 1909 changes. Because, with the change made in 1909 regarding conducting of international treaties, the powers of the Sultan in peace treaties, trade agreements, treaties on acquisition or abandonment of the country, treaties on the fundamental and personal rights of Ottoman citizens, and treaties that impose a financial burden on the state were restricted, and the powers of the parliament were increased by requiring the ratification of the international agreements to become binding.

Last modified: 2022-01-03 19:01:20