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Kanûn-ı Esâsî : ウィキペディア英語版
Ottoman constitution of 1876

The Ottoman constitution of 1876 (,"basic law"; )〔For a scientific English translation of the Ottoman Constitution see, Tilmann J. Röder,The Separation of Powers: Historical and Comparative Perspectives, in: Rainer Grote and Tilmann J. Röder, Constitutionalism in Islamic Countries (Oxford University Press 2012), p. 321-3372. The article includes the following documents: The Basic Law (Kanun-e Esasi) of the Ottoman Empire (7th Zi’lhijjeh 1293 / December 23, 1876); Law No. 130 on the Revision of Some Articles of the Basic Law of 7th Zi’lhijjeh 1293 (5th Sha’ban 1327 / August 8, 1909); Law No. 318 Revising the Articles 7, 35, and 43 Revised on 5th Sha’ban 1327 (2nd Rejeb 1332 – May 15, 1914); Law No. 80 Revising the Article 102 of the Basic Law of the 7th Zi’lhijjeh 1293 and the Articles 7 and 43 Revised on 2nd Rejeb 1332 (26th Rebi’ü-’l-Evvel 1333 – January 29, 1914); Law No. 307 Revising the Revision of Article 76 of 5th Sha’ban 1327 (4th Jumada-‘l-Ula 1334 – February 25, 1916); Law on the Revision of the Revised Art. 7 of the Basic Law of 26th Rebi’ü-’l-Evvel 1333 and the Deletion of the Revised Art. 35 of 2nd Rejeb 1332 (4th Jumada-‘l-Ula 1334 – February 25, 1916); Law No. 370 Revising Article 72 of the Basic Law of 7th Zi’lhijjeh 1293 (15th Jumada-‘l-Ula 1334 – March 7, 1916); Law No 102 Revising Art. 69 of the Basic Law (8th Jumada-‘l-Ula 1334 – March 21, 1918).〕 was the first 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).〕 Written by members of the Young Ottomans, particularly Midhat Pasha, during the reign of Sultan Abdul Hamid II (1876–1909), the constitution was only in effect for two years, from 1876 to 1878 in a period known as the First Constitutional Era. Later it was put back into effect after the 1908 Young Turk Revolution, initiating a period known as the Second Constitutional Era.
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 just with its technical achievements but also with its political organizations. Moreover, the process of reform itself had imbued a small segment of this elite with the belief that constitutional government would be a desirable check on autocracy and provide them with a better opportunity to influence policy. Sultan Abdul Aziz'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 guidance of Westernization.〔Cleveland, William L & Martin Bunton, A History of the Modern Middle East: 4th Edition, Westview Press: 2009, 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 till 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.〕
It is important to discuss first the beginning of attempts at reform within the empire. 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 ability to command. Eventually his efforts led to his assassination by the Janissaries. This action led to Mahmud II becoming Sultan. Mahmud can be considered to be the “first real Ottoman reformer,” 〔Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 22〕 since he took a substantive stand against the Janissaries by removing them as an obstacle (by killing them).〔
This led to what was known as The Tanzimat era, 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, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, 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 Edict of Gülhane.〔Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, 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 (1861 – 1876), Abdülaziz I (1861-1876) and Murad V (who only lasted 3 months in 1876). During the Tanzimat period, the man from the Ottoman Empire with the most respect in Europe was Midhat Pasha.〔Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, 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 & Progress (who merged with the Ottoman Unity Society).〔citation needed〕 These movements attempted to bring about real reform not by means of edicts and promises, but by concrete action.

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