A historical and legal evaluation of fundamental rights and freedoms in the 1924 and 1961 Constitutions

This study comparatively examines the 1924 and 1961 Constitutions within the process of Turkish constitutional development, in terms of fundamental rights and freedoms from a historical and legal perspective. The aim of the thesis is to reveal how fundamental rights and freedoms were regulated in the two key constitutions of the Republic of Turkey — the 1924 and 1961 texts — and to explore the historical background of these regulations. The preparation processes of both constitutions, the political regimes they were based upon, their fundamental principles, approaches to rights and freedoms, and limitation mechanisms are analyzed in detail through historical and legal lenses. In the first chapter of the thesis, the constitutional development process beginning from the Ottoman Empire is examined, evaluating the transition to the modern constitutional order through Şer'-i Hüccet (1807), the Charter of Alliance (Sened-i İttifak, 1808), the Tanzimat Edict (1839), the Reform Edict (1856), the 1876 Constitution (Kanun-ı Esasi) and the 1921 Law on the Organization of Government (Teşkilât-ı Esasiye Kanunu) within their historical and constitutional contexts. These documents demonstrate how the Turkish constitutional experience evolved from absolute monarchy to constitutional monarchy, and eventually to a republican regime based on popular sovereignty. In the second chapter, the approaches of the 1924 and 1961 Constitutions to regulating fundamental rights and freedoms are compared. The 1924 Constitution, shaped by the political circumstances of its time, was based on the principle of the unity of powers, adopted parliamentary supremacy, and recognized fundamental rights only at a general-principle level. The scope of rights was narrow, and no explicit mechanisms were established for their limitation or protection. In contrast, the 1961 Constitution embraced modern constitutional principles such as the democratic rule of law, separation of powers, constitutional review, judicial independence, social state, and guarantees for fundamental rights. For the first time, social and economic rights were given legal status, and fundamental rights such as personal security, freedom of thought, the right to form associations, freedom of the press, and property rights were extensively regulated. The constitutional process from 1924 to 1961 reflects Turkey's shift from authoritarian tendencies toward a libertarian-democratic order. In this respect, the thesis evaluates the historical transformation of Turkish constitutional law through the lens of fundamental rights and freedoms, aiming to reveal how the status of the individual was strengthened and the powers of the state were limited throughout the constitutional trajectory. In preparing this thesis, the document analysis technique and comparative historical method were utilized.