This study examines constitutional justice, a fundamental building block of modern democracies, and the role of the Constitutional Court. In new democracies, the principles of separation of powers and the rule of law, which are core tenets of the state, necessitate the existence of an independent judicial mechanism. In this context, Constitutional Courts are critical institutional structures that protect individuals' rights and freedoms against the state and review the actions of the legislative and executive branches for their constitutionality. These courts, which translate the supremacy of the constitution from theory into practice, are the guarantors of law and democratic order. The study first defines the concept of a constitution, outlining the fundamental elements of a constitutional democracy. It then addresses systems of judicial review under two main headings: the "Supreme Court System," which is the American model, and the "Constitutional Court System," which is based on Hans Kelsen's theory. The historical development of constitutional justice in Turkey is also examined, emphasizing that the Constitutional Court, established with the 1961 Constitution, continues to maintain its position as the judicial guarantor of fundamental rights and freedoms today. The final section of the article explains the structure of the Constitutional Court, which consists of 17 members, its fundamental duties and powers such as norm control, individual application, and hearing political party closure cases. The ways to access the Court, along with the broad impacts of its annulment and violation decisions on the legal system, are also detailed. In conclusion, the Constitutional Court is a vital institution that ensures the stability and integrity of a democratic system through its decisions based on legal reasoning and universal values.
Ebru KOCADEMİR (Tue,) studied this question.