Effect of society on constitution making process

The constitutions are the documents which are seen as the highest legal norm in order to prevent the administrations from using their powers arbitrarily. However, the constitutions have not only legal but also political and social characteristics in terms of their content and usage areas. The fact that constitutions are a social contract requires active participation of the society in the constitution making process. This study, which examines the constitution making process, consists of three parts. In the first chapter; the process of constitution making has been examined in the historical process. The constitution-making process of the US, which was the first written constitution, was evaluated by evaluating together with historical events. Then the constitution-making process which started in the USA was examined to spreading through Europe and constitution making process in the world was evaluated. And in the next part, effects of this constitution making tradition in Turkey which began in Europe was examined and throughout history, constitution making processes which were in both Ottoman Empire and Turkey was evaluated considering events which occurred before and after the process. In the second part; the changes of constitution making processes in the world have been examined since the conception of old constitutionalism. It was mentioned that which democratic forms of governance has the active democratic and intensive participation to constitution-making process, the positive and negative evaluations on participatory constitution-making processes and stages of the constitution-making process. In the third chapter; the constitution-making processes, which have been made today and are intensified, have been examined. In this context, the constitution-making processes of the Republic of South Africa and Iceland and the factors that led them to this process were evaluated.