Reactiveness as an understanding of constitutionalism in Turkey (1960-1982 period)

Both the 1924 Constitution formed after the building of the Republic of Turkey and the 1961 and 1982 Constitutions promulgated after military coups are claimed to be reactions against the previous periods. The aim of this study is to explain the issue of reactiveness in the Turkish Constitutionalism. It is aimed to analyze the validity of the claims in the literature of constitutional law by testing the content analysis of the scope of the constitutions. In this regard, the 1961 Constitution as a reaction against to the Democrat Party rule, and the constitutional amendments of 1971 and 1973 and also the 1982 Constitution which we will be analyzing. Understanding of reactive politics penetrated the political life in Turkey which also influenced the stages of the constitutional amendments and making of the constitutions. A result of this study is the existence of a reactiveness in the Turkish constitutional movements. The main problem with the democratic constitutionalism in Turkey is maintaining a reactive approach instead of an inclusive or equable approach that targets a long-term system. The result of this thesis shows that a new constitution will not be effective or inclusive without abolishing the understanding of reactive constitutionalism. Constitutions, which are seen as the assurance of democracy, have become a ground in which anti-democratic provisions actually take place. Therefore, the primary concept to be abandoned is the reactive viewpoint, which is the main theme of this thesis. Keywords: reactiveness in the Constitutionalism, Constitution making, the 1961 Constitution, the 1971-73 Amendments, the 1982 Constitution.