Issue of the legitimacy of the Constitutional within the framework preamble of 1982 Constitution

The most fundamental requirement of being a constitutional state is that all the powers that use sovereignty are subject to the restrictions of certain norms, especially the Constitution. Since the first appearance of the constitutional jurisdiction gained a tangible presence in the legal realm, legitimacy discussions on the constitutional jurisdiction have also been raised. There are certain limits to the supervisory authority held by the Constitutional Court. In order to speak of a legitimate judicial review power, judicial action must be carried out within these limits set by law. The problem of legitimacy of the constitutional jurisdiction is a subject that has occupied the field of law and politics for many years, with many questions in its content. Article 176 of the 1982 Constitution states that the Preamble is included in the text of the constitution. Preamble is of a different character from the other articles of the Constitution. In this working, how the abstract principles in the Preamble will use in the constitutional jurisdiction and limits of jurisdictional powers of the Constitutional Court when using the Preamble as a resource it was examined within the scope of the problem of legitimacy of the constitutional jurisdiction. In this working, first of all, the question of the legitimacy of the constitutional jurisdiction and the main question titles is examined. Then, the attribute of the Preamble and examples from the constitutions of other countries were evaluated. Preamble of the 1982 Constitution was examined and the legal status of the Preamble and its function in the constitutional proceedings were examined. In the last part of this working, the attitude of the Constitutional Court regarding the Preamble was examined; within the framework of the Preamble, the using of the principle of secularism and the judgments regarding the political parties were evaluated. It was evaluated Constitutional Court should use the principles in the Preamble as the main source of its jurisdiction but in order to prevent detachment from legitimacy, it should protect the legal attribute of the jurisdiction, by considering the constitutional limits in the interpretation of the principles. Keywords: Preamble, Constitution of 1982, Constitutional Jurisdiction, Issue Of Legitimacy, Constitutional Court