Issues in relation to which referendums are optional at the national level

TheConstitution of the Republic of Turkey

(Adopted in7 November 1982, last amended 17 October 2001)

http://www.anayasa.gov.tr/images/loaded/pdf_dosyalari/THE_CONSTITUTION_OF_THE_REPUBLIC_OF_TURKEY.pdf

Section D - Duties and Powers

Article 104.

The President of the Republic is theHead of the state. In this capacity he or she shall represent the Republic ofTurkey and the unity of the Turkish Nation; he or she shall ensure theimplementation of the Constitution, and the regular and harmonious functioningof the organs of state.

To this end, the duties he or sheshall perform, and the powers he or she shall exercise, in accordance with theconditions stipulated in the relevant articles of the Constitution are asfollows:

Thoserelating to legislation:

[…] to submit to referendum, if he orshe deems it necessary, legislation regarding amendment of the Constitution.[…]

Part 7, I, Amendment of theConstitution, Participation in Elections and Referenda, Article 175.

(Amended on 17 May 1987)

[…]The President of the Republic mayrefer the laws related to the Constitutional amendments for furtherconsideration. If the Assembly adopts the draft law referred by the Presidentby a two-thirds majority, the President may submit the law to referendum. […]

[…]A law on the Constitutionalamendment adopted by a two- thirds majority of the total number of members ofthe Turkish Grand National Assembly directly or if referred back by thePresident for further consideration, or its articles as considered necessarymay be submitted to a referendum by the President. […]

[…]The Turkish Grand NationalAssembly, in adopting the laws related to the Constitutional amendment, shallalso decide on which provisions shall be submitted to referendum together andwhich shall be submitted individually. […]

Referendumsare not optional for all constitutional amendments. There are twopossibilities:

1. Referendums are optional when the assembly adopts the draft law referred by the President by 2/3 majority or, if not referred to by the President, is adopted by 2/3 of the assembly directly.
2. Referendums are mandatory when the amendment is adopted by 3/5 or less than 2/3 of the assembly, and is not referred to by the President for further consideration