Council of State (Ottoman Turkish: Şûrâ-yı Devlet, شوراى دولت) was the high judiciary institution in the Ottoman Empire that corresponds to the present-day Council of State of Turkey. It served between the years 1868 and 1922.[1]
The foundations of Şûrâ-yı Devlet can be traced back to the high court called Meclis-i Vâlâ-yı Ahkâm-ı Adliye, established by Sultan Mahmud II in 1837. This court laid the groundwork for the current Council of State and the Court of Cassation (Yargıtay).[2] In 1839, with the Gülhane Hatt-ı Hümayunu (Imperial Edict of Gülhane), the Ottoman people were promised the guarantee of their natural rights, such as life, property, honor, and dignity, regardless of religion or sect. This marked the establishment of the principles of a new legal state, emphasizing the necessity for the administration (state) to adhere to legal rules.[3]
In 1868, during the reign of Sultan Abdulaziz, the Meclis-i Vâlây-ı Ahkâm-ı Adliye was divided into two institutions: Şûrâ-yı Devlet, responsible for the functions of the Council of State, and Divan-ı Ahkâmı Adliye, which performed the functions of the Court of Cassation. This separation led to the distinction between the judiciary and the legislature. Şûrâ-yı Devlet was assigned two roles: preparing draft laws and resolving administrative disputes. Divan-ı Ahkâmı Adliye, on the other hand, was solely responsible for the judicial function.[4]
In a speech on May 10, 1868, Sultan Abdulaziz officially inaugurated the working of Şûrâ-yı Devlet. Its duties included examining and organizing regulations and ordinances, examining public interests, overseeing the government and individuals' activities related to the state's affairs, and implementing judicial proceedings. However, with the enactment of the 1876 Ottoman Constitution, the jurisdiction of Şûrâ-yı Devlet became significantly limited as the resolution of "disputes between the government and individuals" was transferred to general courts.[5]
After serving for 54 years during the Ottoman period, Şûrâ-yı Devlet came to an end on November 4, 1922, when all central institutions in Istanbul were transferred to the administration of the Grand National Assembly of Turkey (TBMM). The Council of State (Danıştay) was established in place of Şûrâ-yı Devlet by Law No. 669 and began its operations on July 6, 1927.[6]