Master'sOpen Access

Legitimacy of constitutional democracy

2020
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Advisor: Dr. Öğr. Üyesi Şafak Evran Topuzkanamış

Abstract (EN)

Even if the legitimacy is a relatively new concept, as the history has shown us, the debates on the obligation of obedience, as a very old thema which exists as long as the power exists, have affected thinkers, politicians, jurists, historians and other scientists but there is no consensus even today about the questions what the legitimacy is or when the political power becomes legitimate. In the search of answering the question what the legitimacy of political power, i.e. the source of authority is, those answers have been given which are sometimes based on divinity, sometimes on a certain individual or status, but in the end based on society. The problem of legitimacy has been explained in different ways since the constitutional democracy emerged in its modern form. As a polity that takes shape together with liberal ideology and bourgeoisie, the constitutional democracy is an association of democracy and constitutional state concepts in normative sense, on the other hand it is the outcome of constituting acts of bourgeoisie. Therefore the question of the legitimacy of constitutional democracy is formed through the principles of liberal ideology and the concept of sovereignty. The belief in legitimacy which comes into being at the point of concrete order's existence by basing upon the sovereign will gains continuity within the scope of the constitutional democracy being organized by institutions and principles which are derived from the constitutionalism and democracy. This study aims to contribute a new point of view to its field by ascertaining the legitimacy bases of a modern state and its legitimacy means in the normative system. Key Words: Constitution, Constitutional Democracy, Legitimacy, Sovereignty, Basic Rights.

Author

Dr. Ayşe Eylem Erkıpçak

How to Cite

Ayşe Eylem Erkıpçak (Master Thesis). Legitimacy of constitutional democracy, 2020, Dokuz Eylül University.

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