JUDICIAL ACTIVISM AND CONSTITUTIONAL STATE
Firdes YÜZBAŞI
Gülbani Uzun
ABSTRACT
Constitutionaljurisdiction, whichmeanscontrol of constitutionality of laws is an area of fundamentalrightsandfreedomsguaranteedmechanism. Thus, constitutionaljustice has emerged as a requirement of therule of law. Almostconstitutionalreviewmechanism is available on allsystems. However, theconstitutionalsohavepoliticaltextsandconstitutionalcourtjudges as a result of politicaltrendsshapedbydecisions, byreason of blockingthedecision-makingprocess of politicalauthority, thelegitimacy of theconstitutionalcourtmay be thesubject of debate. The main reasonforthediscussion of thelegitimacy of theConstitutional Court is theconcept of judicialactivism. Thepoliticalculture in thecountry, problemsstemmingfromthedecisionwhich is to do withpersonalattitudes of judges, judicialactivismdebatecomesup. Inthisstudy, theconcept of judicialactivism is a conceptthatreferstothosewhooftenledtocriticism of thecontroversialConstitutional Court decisionanditsrelationshipwiththeconcept of therule of lawwill be examined.
Keywords: Judicial activism, state of law, judicial review, constitutional jurisdiction.
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