Constitution of Cyprus
None
Constitution of Cyprus | |
---|---|
Ratified | August 16, 1960 |
System | Presidential republic |
Government structure | |
Branches | Three (Executive, Legislative, Judiciary) |
Head of state |
Executive
President
, reserved for Greeks
a Vice Presidential office , reserved for Turks and vested with complementary powers to those of the President is provided for, but dormant owing to failure of the Greek-Turk power-sharing framework. |
Chambers | One: House of Representatives |
Executive | Cabinet headed by the President |
Judiciary | A Supreme Constitutional Court is provided for, though not established owing to failure of the Greek-Turk power-sharing framework. |
Federalism |
No
However, a power-sharing system between Greeks and Turks, including separate Communal Chambers for each, is envisioned, but has collapsed following the foundation of the TRNC . |
Entrenchments |
48
Some entrenchments are partial or conditional |
Signatories | Members of the Cypriot government |
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Legislative
|
The Constitution of Cyprus is a legal document, ratified on August 16 1960, that serves as the Supreme Law of the Republic of Cyprus (Suprema Lex Cypri). It was drafted after the country gained its independence [1] more than 62 years ago , in 1959 and in the years that it has remained in force, the Constitution has been amended a total of eighteen times and 28 Articles of the 199 were modified since 1960. The 18th Amendment concerned Article 111.
It establishes a bi-communal unitary Republic with partial communal autonomy and a Presidential system of government consisting of a Greek-Cypriot President and a Turkish-Cypriot Vice President. However, due to the significant population disparity that existed between the two communities at the time, both roles were afforded equally extensive veto powers, and, in order to protect the integrity of both communities, Article 6 expressly prohibits any form of discrimination against either community member by the Cypriot Government whilst also setting various safeguards in place to ensure the protection of the Turkish Cypriot Community, who were the ethnic minority at the time.
However, despite these additional rights and protections that the Constitution afforded the Turkish Cypriot community, they have not actively participated in any forms of government since 1964, following their voluntary departure amidst a constitutional crisis. Although this inevitably led to the initial collapse of the Country's constitution, the legal doctrine of necessity has since been adopted to enforce the provisions of the constitution by the Greek Cypriot majority that remained in government.
Following the Turkish invasion of 1974 the state acts as a surrogate for the properties of Turkish Cypriots that moved to the Turkish-occupied north. Following Cyprus's entry into the EU in 2004 and the Ibrahim Aziz vs. Republic of Cyprus case in the European Court of Human Rights , some individual civil rights of Turkish Cypriots residing in the area under the control of the Republic have been restored, thus they can be part of the electoral register and stand in European elections. This, however, has not restored their communal rights as envisaged in the original constitution, i.e. separate electoral register to elect a vice president and a fixed number of members of the house of representatives.
Constitutional breakdown
In 1963, the Constitution broke down as the Turkish Cypriots involved withdrew from the government, [2] and as a result the Greeks took full control of the government in 1965, as the Turkish Cypriots would not co-operate for constitutional changes, despite the constitutional safeguards to ensure representation of Turks that had previously existed. [3]
The separation occurred because the two ethnic groups continued to distrust each other after the constitution was signed. Another issue that caused the breakdown was the fact that President Makarios III , a Greek Cypriot, supported complete integration between the two ethnic groups, while Vice President Fazil Küçük , a Turkish Cypriot, supported increased separation. [3]
In addition, President Makarios proposed a constitutional change that year to remove most of the rights given to Turkish Cypriots. He said that the original constitution prevented the Turks and Greeks from "cooperating in the spirit of understanding and friendship." [3]
Content
General provisions
The first five articles of the constitution discuss General Provisions. [4]
Article One asserts that Cyprus is an independent republic with a President and that the President and Vice President must be Greeks and Turks respectively. Article three asserts that the official languages of the Republic of Cyprus are Greek and Turkish, and that all officials documents must be published in both languages. [5]
Article four requires that Cyprus "shall have its own flag of neutral design and colour, chosen jointly by the President and the Vice-President of the Republic," while article five states that Greek and Turkish Cypriots have a right to celebrate their holidays. [5]
Fundamental rights and liberties
Articles 6–35 of the constitution deal with Fundamental Rights and Liberties. [6]
Article six prohibits the discrimination of either Greek or Turkish Cypriots based on their race, while article seven asserts the right to life and states that an individual may only be deprived of his right to life except for when being sentenced by a "competent court" for an offense which provides the death penalty by law. [5]
Article eight prohibits inhumane or degrading punishment or treatment, and prevents torture, and Article nine states that "every person has the right to a decent existence and to social security."
Article ten prohibits slavery and forced labour, in all cases other than in cases of compulsory military service or work while being imprisoned lawfully by the state. It also allows for "any service exacted in case of an emergency or calamity threatening the life or well-being of the inhabitants."
Article eleven contains several limits on who can be imprisoned. It states that people may only be imprisoned when they have been convicted by a court, detained to force them to appear before a court, detained to prevent them from committing an offense or detained to avoid the spread of diseases . The article also ensures that "every person who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation." [5]
Article 12 ensures that habeas corpus is followed, that no person may be charged twice for the same offense, that the punishment is proportional to the crime, and that people have the right to a defence while in court.
Article thirteen says that any person has the right to move freely around Cyprus, and leave when they wish, subject to "reasonable conditions" imposed by law, while article fourteen states that no person shall be forced to leave the country. [5]
Article fifteen defines the right to privacy ,stating that every individual has a right to a private life except when infringing on someone's privacy is in accordance of the law and in the national interest. Article sixteen prohibits entering someone's property without their prior consent without an arrest warrant, unless you are rescuing the individual from danger. Article seventeen also discusses privacy, with its main focus being an individual's right to privacy in all lawful communication.
Articles 18, 19 and 21 secure freedom of speech , religion and assembly respectively, while articles 20 and 22 deal with the right to free education and marriage . [5]
Article 23 adds to the rights laid out in article sixteen, by allowing citizens of Cyprus to purchase property and receive compensation for any damage to it.
Article 24 requires citizens to pay taxes. It states that "every person is bound to contribute according to his means towards the public burdens." It also states that no organization may collect a tax without permission in a court. [5]
Article 25 ensures that every individual in Cyprus has the right to work, subject to conditions that may be in the law. Article 26 states that people may freely enter into contracts, and avoid be exploited by people with "commanding economic power."
Article 27 states that, subject to conditions in the law, citizens have a right to take part in industrial action . It also states that members of the armed forces , police and gendarmerie are not allowed to strike. [5]
References
-
↑
[https:/ "Chronology"]
. Retrieved
29 April
2015
.
{{ cite web }}
: Check| url=
value ( help ) - ↑ "A Country Study: Cyprus" . Library of Congress . Retrieved 2008-10-03 .
- 1 2 3 "Cyprus - Government and Politics" . mongabay.com . Retrieved 2008-10-03 .
- ↑ "Cyprus 1960 (rev. 2013)" . Constitute . Retrieved 29 April 2015 .
- 1 2 3 4 5 6 7 8 "Cyprus Constitution" (PDF) . Archived from the original (PDF) on 2013-11-03 . Retrieved 2008-10-03 .
- ↑ "Cyprus 1960 (rev. 2013)" . Constitute . Retrieved 29 April 2015 .
Bibliography
- The Constitution of the Republic of Cyprus in Modern Greek and English-Marios C. Adamides,2004
- The 10 Amendments of the Cyprus Constitution of 1960 with regard to 20 Articles-Marios C. Adamides-2016
- The Constitution of the Republic of Cyprus of 1960-199 Articles, 3 Appendices, 10 Amendments, 57 years in force-Marios C. Adamides-2017
- The Constitution of the Republic of Cyprus of 1960 in English with Index and Chronology of the 10 Amendments-Marios C. Adamides-2017
- The Constitution of the Republic of Cyprus of 1960 in English with Index and Chronology of the 14 Amendments-Marios C. Adamides-Dec. 2019
- The 18 Amendments of the Constitution of the Republic of Cyprus-January 13 2023- Marios C. Adamides-Amazon.com
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