Özet:

In the doctrine, the claim that the 1961 Constitution introduced pluralist democracy with fundamental rights and freedoms, is widely accepted. Those who adopt this approach claim that the recognition of fundamental rights and freedoms for all segments of the society is essentially considered in the preparation and implementation of the 1961 Constitution. As a result, they express that the 1961 Constitution paved the way for the expansion of the political spectrum. The approach, which accepts aforesaid claim untrue, asserts that the 1961 Constitution includes institutional arrangements that will prevent pluralist democracy come to life, and thus the seeds of tutelage that will prune democracy are planted. According to this approach, the use of fundamental rights and freedoms recognized by the 1961 Constitution by all segments of society was prevented indirectly by various institutional means, particularly the Constitutional Court. In the article, these two allegations were discussed and it was investigated that the freedoms granted by the 1961 Constitution could be used in practice by which groups and whether the use of these freedoms was prevented at the institutional level. In this context, at the outset, the effective approach in the preparation process of the 1961 Constitution and the main objectives of this approach were examined. Later, the Constitutional Court (AYM), National Security Council (MGK), the Republic Senate, Presidency, State Planning Organization (DPT), which were included in the 1961 Constitution and claimed to undertake the mission of carrying the official ideology, were examined in terms of their authorities, duties and whether they fulfil a tutelaged function in the political arena. Consequently, weeding through the philosophy of the 1961 Constitution and the situation in practice, a contribution is made to the discussion of constitutional pluralism - tutelage dilemma.

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