Türkiye’de 1960 ve 1980 Kurucu Meclisleri: Demokratik Nitelikleri Bağlamında Karşılaştırmalı Bir Değerlendirme

Abstract

The constitutions, which determine the duties of the legislative, executive and judiciary, which are known as the basic organs of the state, and which secure fundamental rights and freedoms, are accepted as the architects of the legal regulations. The survival of the society, which is formed by different people, is only possible with a democratic constitutional arrangement. The names of the units that put the constitutions in a democratic order are expressed as “constituent assembly” in constitutional law. The constituent assembly is a committee tasked with preparing new constitution.There is no power to limit this board. It is able to make any change on the Constitution. The constituent assembly is formed mostly after military coups. In this study, two important constituent assembly implemented in Turkey (1960-1980) of the democratic nature of this Parliament and benefiting from the basic features of the 1961 and 1982 Constitutions is mentioned in comparison. The main problematic of the study is to find answers to the question of whether the constituent assemblies of 1960 and 1980 are the units that serve the real democratic thought and which are based on the qualities of the constituent assembly. In tthe study, the necessary literature search was made and then the content analysis method was used.