Abstract:

“Human Rights” and “Democracy” are the most prevailing concepts highlighted in constitutions prepared in the light of the “Freedom”, “Progress” and “Human is valuable quintessentially” principles which became prominent with the Enlightenment Philosophy. With the semantic shift of the word “human” from the abstract individual to the real person, respect for human rights, primarily the “right to live” and “freedom of expression” have to be legally secured by means of constitutions. In today’s world where modern political systems maintain their existences in the pivot of the key words “pluralism” and “respect for human rights”, we cannot deny that the understanding of Social Constitutional State has become widespread even in countries that yearn for democracy. A state system in which the individuals’ basic rights and freedoms are secured by means of constitution and which is free from prejudices and which is based on an understanding of freedom and tolerance is the system embraced by modern human. Since Magna Carta and Habeas Corpus Act, humanity has been in the pursuit of constitutional evolutions to be free and to defeat oppression and exploitation. Given the fact that novel deals with social facts, we can say that there is a relation between literature and law. We will discuss the approaches of authors with a legist background to human rights and democracy in their works and let others to continue the hot debate on whether legal texts have a literary aspect or not.

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