The democratic evolution of the 1982 constitution: A critical analysis of the amendments made

In this study, the democratic evolution experienced in the 1982 Constitution was tried to be concretized. The main purpose is to examine the 1982 Constitution in the context of the basic principles and characteristics of democracy and to make an assessment about the point it has reached today. Due to Turkey's relationship with the Continental European legal system and the effects of the European Union process it has experienced, the basic documents for democratic institutionalization in Europe are also included in the study. It can be said that the accelerating constitutional movements in the modern period are generally developments in line with the principles of democracy. Constitutions can lay the groundwork for democracy in a country, contribute to democratic life, or open the door to non-democratic governments in a country as the opposite of this situation. It can be stated that the main problematic of the study is the discussions in our country in this direction. That is to say, in the literature, while the 1961 Constitution is seen as a ground for democracy as a text, there are criticisms that the 1982 Constitution is not sufficient even as a text. The main questions which are searched for their answers in accordance with the main purpose and the problematic stated, are such as ;"What the concept of democracy means and what its basic principles and characteristics are", "What the criteria in Europe are in terms of democracy", "How the relationship between the Constitution and democracy is", "How the constitutional experience in Turkey is ", "How the first version of the 1982 Constitution can be evaluated in terms of democracy", "What the amendments made in the 1982 Constitution are" and "How the point reached can be evaluated in the context of the principles and characteristics of democracy". As a result of the study in which descriptive method, historical method and comparison method are used together, the main conclusions arrived at are as follows. First of all, considering the constitutional experience in constitutions, it is necessary to mention the conclusion that more importance is attached to change, not stability, in constitutions. It can also be mentioned as a determination that the first version of the 1982 Constitution disrupted political participation in the country and the participation of the people in political processes. Moreover, these criticisms can be thought to be reinforced due to the necessity of having a democratic political system that respects basic human rights, which is one of the most important prerequisites for full membership of the European Union. Again, the fact that the criticisms and reactions against the 1982 Constitution are from all walks of life and that they are intense, can be considered as an indicator that Turkey has gained an important accumulation of democracy since the last period of the Ottoman Empire. Via the effect of these determinations mentioned in Turkey, democratizing amendments in the Constitution have gained momentum since the mid-90s. Ultimately, the point reached with the 1982 Constitution can be expressed as a positive democratic evolution in general. A line in accordance with European standards, especially in the field of fundamental rights and freedoms, has been maintained until today. In general, a positive change process can be mentioned in the context of the basic principles and characteristics of democracy. As a final result; in consequence of the amendment made in 2017, which included a radical transformation like a new government system, both positive and negative criticisms were raised in the context of democratic consolidation. It should be noted that the discussions at this point are focused on whether the limited state principle is strengthened in the political system.