The Constitution of the Ottoman Empire (; ) was in effect from 1876 to 1878 in a period known as the First Constitutional Era, and from 1908 to 1922 in the Second Constitutional Era. The first and only constitution of the Ottoman Empire,For a modern English translation of the constitution and related laws, see Tilmann J. Röder, The Separation of Powers: Historical and Comparative Perspectives, in: Grote/Röder, Constitutionalism in Islamic Countries (Oxford University Press 2011). it was written by members of the Young Ottomans, particularly Midhat Pasha, during the reign of Sultan Abdul Hamid II (). After Abdul Hamid's political downfall in the 31 March Incident, the Constitution was amended to transfer more power from the sultan and the appointed Senate to the popularly-elected lower house: the Chamber of Deputies.
In the course of their studies in Europe, some members of the new Ottoman elite concluded that the secret of Europe's success rested not only with its technical achievements but also with its political organizations. Moreover, the process of reform itself had imbued a small segment of the elite with the belief that constitutional government would be a desirable check on autocracy and provide it with a better opportunity to influence policy. Sultan Abdulaziz's chaotic rule led to his deposition in 1876 and, after a few troubled months, to the proclamation of an Ottoman constitution that the new sultan, Abdul Hamid II, pledged to uphold.
Background The Ottoman Constitution was introduced after a series of reforms were promulgated in 1839 during the Tanzimat era. The goal of the Tanzimat era was to reform the Ottoman Empire under the auspices of Westernization.Cleveland, William L & Bunton, Martin (2009). A History of the Modern Middle East (4th ed.). Westview Press. p. 82. In the context of the reforms, Western-educated Armenians of the Ottoman Empire drafted the Armenian National Constitution in 1863. The Ottoman Constitution of 1876 was under direct influence of the Armenian National Constitution and its authors. The Ottoman Constitution of 1876 itself was drawn up by Western-educated Ottoman Armenian Krikor Odian, who was the advisor of Midhat Pasha.Bertrand Bereilles. "La Diplomatie turco-phanarote". Introduction to Rapport secret de Karatheodory Pacha sur le Congrès de Berlin, Paris, 1919, p. 25. Quote translated from French: "The majority of the government officials in the Ottoman Empire selected a Greek or an Armenian as their advisor in reform." The author mentions two names amongst these "advisors", Dr. Serop Vitchenian, who was the adviser to Fuad Pasha, and Grigor Odian, deputy to Midhat Pasha, who is the author of the Ottoman constitution of 1876.
Attempts at reform within the empire had long been made. Under the reign of Sultan Selim III, there was a vision of actual reform. Selim tried to address the military's failure to effectively function in battle; even the basics of fighting were lacking, and military leaders lacked the ability to command. Eventually his efforts led to his assassination by the Janissaries. This action soon led to Mahmud II becoming Sultan. Mahmud can be considered the "first real Ottoman reformer",Devereux, Robert (1963). The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament. Baltimore: The Johns Hopkins Press. p. 22. since he took a substantive stand against the janissaries by removing them as an obstacle in the Auspicious Incident.
This led to what was known as the Tanzimat, which lasted from 1839 to 1876. This era was defined as an effort of reform to distribute power from the Sultan (even trying to remove his efforts) to the newly formed government led by a parliament. These were the intentions of the Sublime Porte, which included the newly formed government.Devereux, Robert (1963). The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament. Baltimore: The Johns Hopkins Press. p. 21 The purpose of the Tanzimat era was reform, but mainly, to divert power from the Sultan to the Sublime Porte. The first indefinable act of the Tanzimat period was when Sultan Abdülmecid I issued the Edict of Gülhane.Devereux, Robert (1963). The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament. Baltimore: The Johns Hopkins Press. p. 25 This document or statement expressed the principles that the liberal statesmen wanted to become an actual reality. The Tanzimat politicians wanted to prevent the empire from falling completely into ruin.
During this time the Tanzimat had three different sultans: Abdülmecid I (1839–1861), Abdülaziz (1861–1876), and Murad V (who only lasted three months in 1876). During the Tanzimat period, the man from the Ottoman Empire with the most respect in Europe was Midhat Pasha.Devereux, Robert (1963). The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament. Baltimore: The Johns Hopkins Press. p. 30 Midhat dreamed of an Empire in which "there would be neither Muslim nor non-Muslim but only Ottomans". Such ideology led to the formation of groups such as the Young Ottomans and the Committee of Union and Progress (who merged with the Ottoman Unity Society). These movements attempted to bring about real reform not by means of edicts and promises, but by concrete action. Even after Abdulhamid II suspended the constitution, it was still printed in the , or yearbooks made by the Ottoman government.Strauss, "A Constitution for a Multilingual Empire", p. 32.
Johann Strauss, author of "A Constitution for a Multilingual Empire: Translations of the Kanun-ı Esasi and Other Official Texts into Minority Languages", wrote that the Constitution of Belgium and the Constitution of Prussia (1850) "seem to have influenced the Ottoman Constitution".Strauss, "A Constitution for a Multilingual Empire", p. 36.
Aim
The Ottoman Porte believed that once the Christian population was represented in the legislative assembly, no foreign power could legitimize the promotion of her national interests under pretext of representing the rights of these people on religious and ethnic bonds. In particular, if successfully implemented, it was thought that it would rob Russia of any such claims.Berkes, Niyazi. The Development of Secularism in Turkey. Montreal: McGill University Press, 1964. pp. 224–225 However, its potential was never realized and the tensions with the Russian Empire culminated in the Russo-Turkish War (1877–1878).
Framework
After Sultan Murad V was removed from office, Abdul Hamid II became the new Sultan. Midhat Pasha was afraid that Abdul Hamid II would go against his progressive visions; consequently he had an interview with him to assess his personality and to determine if he was on board.Devereux, Robert (1963). The First Ottoman Constitutional Period: A Study of the Midhat Constitution and Parliament. Baltimore: The Johns Hopkins Press. p. 43 The Constitution proposed a bicameral parliament, the General Assembly, consisting of the Sultan-selected Senate and the generally elected Chamber of Deputies (although not directly; the populace chose delegates who would then choose the Deputies). There were also elections held every four years to keep the parliament changing and to continually express the voice of the people. This same framework carried over from the Constitution as it was in 1876 until it was reinstated in 1908. Ultimately, the framework on the Constitution did little to limit the Sultan's power. Some of the retained powers of the Sultan were: declaration of war, appointment of new ministers, and approval of legislation.A history of the Modern Middle East, Cleveland and Bunton, p. 79
Implementation Although talks about the implementation of a constitution were in place during the rule of Murad V, they did not come to fruition.Berkes, Niyazi. The Development of Secularism in Turkey.Montreal: McGill University Press, 1964. pp. 224-225,242-243, 248-249. A secret meeting between Midhat Pasha, the main author of the constitution, and Abdul Hamid II, the brother of the sultan, was arranged in which it was agreed that a constitution would be drafted and promulgated immediately after Abdul Hamid II came to the throne.No reliable information is available on this meeting, although the following source can be consulted with caution: Celaleddin, Mir'at-i Hakikat, I, pp. 168. Following this agreement, Murat V was deposed on 1876 by a fetva on the grounds of insanity. A committee of 24 (later 28) people, led by Midhat Pasha, was formed to work on the new constitution. They submitted the first draft on 13 November 1876 which was obstreperously rejected by Abdul Hamid II's ministers on the grounds of the abolishment of the office of the Sadrazam. After strenuous debates, a constitution acceptable to all sides was established and the constitution was signed by Abdul Hamid II on the morning of December 13, 1876.
Language versions According to Strauss, the authorities seemed to have had prepared multiple language versions of the constitution at the same time prior to release as their publication year was 1876: he stated that such release "apparently occurred simultaneously". They were officially published in various newspapers, owned by their respective publishers, according to language, and there were other publications that re-printed them.Strauss, "A Constitution for a Multilingual Empire," p. 34 (PDF p. 36/338).
Strauss divides the translations into "Oriental-style" versions - ones made for adherents of Islam, and "Western-style" versions - ones made for Christian and Jewish people, including Ottoman citizens and foreigners residing in the empire.Strauss, "A Constitution for a Multilingual Empire," p. 50 (PDF p. 52/338).
Versions for Muslims
The constitution was originally made in Ottoman Turkish with a Perso-Arabic script. The Ottoman government printed it, as did printing presses from private individuals.
There are a total of ten Turkish terms, and the document instead relies on words from Arabic, which Strauss argues is "excessive". In addition, he stated that other defining aspects include "convoluted sentences typical of Ottoman chancery style", izafet, and a "deferential indirect style" using honorifics. Therefore Strauss wrote that due to its complexity, "A satisfactory translation into Western languages is difficult, if not impossible." Max Bilal Heidelberger wrote a direct translation of the Ottoman Turkish version and published it in a book chapter by Tilmann J Röder, "The Separation of Powers: Historical and Comparative Perspectives."
A Latin script rendition of the Ottoman Turkish appeared in 1957, in the Republic of Turkey, in Sened-i İttifaktan Günümüze Türk Anayasa Metinleri, edited by Suna Kili and A. Şeref Gözübüyük and published by Türkiye İş Bankası Kültür Yayınları.
In addition to the original Ottoman Turkish, the document had been translated into Arabic and Persian. Language versions for Muslims were derived from the Ottoman Turkish version, Page from Google Books. In Chapter no. 7. Volume 18 of Birmingham Byzantine and Ottoman Studies. Old . and Strauss wrote that the vocabularies of the Ottoman Turkish, Arabic, and Persian versions were "almost identical".Strauss, "A Constitution for a Multilingual Empire," p. 49 (PDF p. 51/338). Despite the Western concepts in the Ottoman Constitution, Strauss stated that "The official French version does not give the impression that the Ottoman text is a translation of it."Strauss, "A Constitution for a Multilingual Empire," p. 35 (PDF p. 37/338).