Özet:

The constitution is not, as the collection of norms, a simple juridical text; on the contrary, in accordance with human rights and liberty, it is the total of value and opinion. Yet, in modern meaning, constitutionalism both restricts the state in favor of the individual and expresses an understanding that, with such values as checks and balances, state of law, and pluralistic democracy, functionalizes the political mechanism in accordance with human rights and liberty. Therefore, restriction, stabilization, and inspection are in question for the rulership and other complexion forms. The state of law is not the glorification of norms structured with pure formal consistency; it is a value that projects particular assurance for human rights and liberty, that leaves individuals an autonomous space to let them freely express their values and opinions in political and social life practice, and that is bodily qualified. Pluralistic democracy prepares a safe political and social living area for the individual, independently from whether the values and opinions forming the individual’s world of meaning find a place in rulership or majority. At this point, constitutional jurisdiction makes up assurance for the constitutional order; yet actions that may stem from living and that ruin state of law and pluralistic democracy can be prevented. Thus, constitutional jurisdiction can sometimes exhibit activist behaviors in this direction and that is a positive activist attitude

Anahtar Kelimeler: