Özet:

The well-known history is full of wars, massacres, slavery practices, wicked governments, that is, the great suffering of humanity. As modern times approach, it seems that human rights and freedoms began to rise along with the ideals of democracy. The constitutional democracy has revealed the connection of the sovereignty with the written and actual legal guarantees so that the legislative, executive and judicial forces are not reunited again in the hands of the monarch in a single manner. In constitutional democracies, the state approach separates the legislative, executive and judicial forces, and obliges each of the forces to be autonomous against the other. The constitutional debate has always existed in Turkey. In every constitutional change, the criticism of the deprivation of the ideals of democracy and the principle of the separation of forces rises, and the same proportion of opinions that defend the approach to these objectives is found. This study will refer to the views on the principle of division of forces and the presence in the constitutional practices of the five states (US, Germany, France, Russia and the UK) which are now considered advanced. After the universal position and value of the principle of separation of forces will be revealed, the form of regulation in the Constitution of the Republic of Turkey and the comments brought by the Constitutional Court in a new decision on the principle of separation of forces will be discussed. The scope of the principle of separation of forces with this article will be subject to a comparative assessment of the position of the Turkish constitutional system and the reasons for the need for a clearer regulation in the normative direction will be examined.