The Founder Title of GNAT in the Context of the Building of the Law of the Fundamental Organization 1921

Abstract

The topic of this article is to examine the constituent power attribute of GNAT which accepted the Law of the Fundamental Organization 1921. In the article, primarily, the political and sociological basis on which the new state will be built and which was prepared by the process we named as the system of problems were revealed, and then, the notion of constituent power was discussed in the context of constitutional law. The corruption of the Ottoman Empire was examined in terms of three powers that lost their effectiveness. And the foundation of the State of Turkey was examined along with the consecutive processes of the initial process of non-constitutionalization experienced after the foundation of GNAT and the determination of the regime and the form of the state within the scope of the acceptance of the Law of the Fundamental Organization 1921. The historical value of the process that is discussed in the article is the evolution of the title of “savior” which was attributed to GNAT at the beginning of its duty into the title of “founder” within the conditions of the time. The result we reached in the teaching of constitutional law with the data we obtained from this historical event is the determination that GNAT, which accepted the Law of the Fundamental Organization 1921 and has founded the State of Turkey with this act, functions with the attribute of primary constituent power renovating the foundation of an existing state.