The bindingness problem of the reasons for judgment of the Consti̇tuti̇onal Court

Constitutional Court, with its power and duties that are stated in Constitutional Law of 1982, has a determinative position in Legal order, and social and political practice that are grounded on it. It may be said that importance of the place of Constitutional Court in constitutional order arises from binding force of its decisions and accordingly from its effectiveness. However, according to the last paragraph of article 153 " Constitutional Court decisions are published on official gazette immediately and these decisions are binding for legislative, executive and judicial bodies, and for real and legal entities. Constitutional Court decisions are composed of justification and judgement paragraphs. So, from "Constitutional Court decisions" expression that is stated in last paragraph of article 153, it should be reached that which part of the decision is binding? Are Constitutional Court decisions binding like justification and judgement all in all, or are just judgement paragraph of decisions binding? This study discusses binding force matter of justification of Constitutional Court decisions. While some opinions of doctrine and Constitutional Court indicate that constitutional court decisions are binding with justification and judgement paragraphs all in all; some other opinions defend that only judgement paragraphs of Constitutional Court are binding. Yet, binding force matter of justification of Constitutional Court decision is important; because answer to this problem will change function of Court and accordingly its constitutional position. Besides, the matter which became delicate in that way is not an individual problem; as it causes many more problems together with it. So then binding force matter of justifications of Constitutional Court decision should be overcome. In this direction, it is defended that justification of Constitutional Court decisions are not binding. Actually, when we look at the existing regulation related to this subject, it may be said that there should not be a binding force of Constitutional Court decision justifications in democratic constitutional state. After all, not to reach a conclusion from existing constitutional order that the justification of Constitutional Court decision is binding, and as stated in the last paragraph of article 153 of Constitution, making a Constitution amendment was indicated as necessary and a solution offer was developed. Key words: Democratic State of Law, Constitutional Court, decision justifications, judgement paragraph, binding force matter.