Bloc of constitutionality and judical activism in Turkish Constitutional Law

Turkish Constitutional Court, which entered Turkey?s legal life through the 1961 Constitution, has been in the centre of political and legal disputes with the decisions it has taken in its history of approximately 50 years. The disputes mainly take place on the issue of whether the decisions taken are legal or political. This state also brings about the polemics regarding institutional nature of the Constitutional Court, which is required to generate solutions for problems through legal decisions within a legal framework essentially as a court. Is the Constitutional Court a legal or a political body? In order to be able to answer this question, matters of ?rising and expansion of constitutional jurisdiction?, ?the reasons for rising of constitutional jurisdiction?, ?uncertainty of limits of authority of constitutional courts and judicial activism?, ?democratic legitimacy of constitutional jurisdiction? and ?establishment of Turkish Constitutional Court? were studied in the first chapter of our study. In the second chapter of our study, we were tried to address the instruments Turkish Constitutional Court uses while carrying out its function of constitutional supervision. These instruments are norms of measurements which are might be used in supervising the conformity of the laws to the constitution. The norms of measurement which are used in the decisions of Constitutional Court are ?constitution?, ?Atatürk?s principles and reforms?, ?general principles of law?, ?international rules of law? and ?decisions of constitutional court?. The terms of ?Constitutional block? or ?block of measurement norms? are mentioned in the doctrine, which cover all of the measurement norms. In this chapter, we were tried to establish the values of these rules and principles as norms of measurement, and at the same time we were studied to understand how using these rules and principles as norms of measurement influences the activist manner of Turkish Constitutional Court. Keywords: Activism, Constitution, Atatürk, Justice.