Debates on Turkish Constitution (1990-2010): The problem of Constitutional legitimacy

The preparation of the constitution in a free environment and a participatory manner ensures the legitimacy of constitution. However, it does not mean that legitimacy of the constitution will continue in the same way after it has been put into effect. The legitimacy of constitution may increase or decrease over time. Constitution can be legitimate if it is compatible with the political culture of the society and functionally meets the expectations of the society. Constitution must be legitimate at a certain level in order to continue its existence. Because of Turkey's Constitution of 1982 has not been prepared in a free environment and a participatory manner, the constitution has not an original legitimacy. Also, repressive, authoritarian and tutelary mentality of the state elites who prepared the constitution, does not conform to Turkish people's political culture. In addition, the structure of constitution which thought to be solve problems, caused political, social and economic crises in time instead of producing solutions. So, the critics which started when the constitution has been put into effect, spread to wide social segments. The critics against to constitution was embodied in the constitutional proposals and reports which prepared by political parties, trade unions, capital organizations and independent institutions in 1990's. These proposals and reports that we examined within the scope of our study, defends liberties against repression, democracy against authoritativeness, elected bodies against tutelary institutions. The problem of constitutional legitimacy in Turkey will reach a solution when these demands have been met.