ANNOUNCEMENT OF THE DEVELOPMENT OF THE STATE OF LAW PRINCIPLE IN OUR COUNTRY, TAKING INTO CONSIDERATION OF THE REQUIREMENTS OF THE PRINCIPLE AND THE DECISIONS OF THE COURT

Abstract

The state of law is the most advanced stage the state has reached in the historical process in order to ensure the law. The rule of law refers to states where state power is limited by law, the rule of law is clearly ensured, legal security is dominant instead of arbitrary provisions, fundamental rights and freedoms are guaranteed, and which are based on the principles of general law as well as the constitution and laws. In this study, the development of the rule of law in our country has been examined by taking into account the requirements of the principle and the decisions of the high court. Turkey, entering the 20th century by the Ottoman Basic Law ( Kanun-i Esasi), has entered the 21st century by slowing down her progress towards the rule of law. At the moment, although in force, the 1982 constitution which has undergone a lot of changes after the date of entry into force, it has not caused a general satisfaction in our society. Although the political parties are unanimously agree on a new Constitution, they cannot agree to cover all the articles of the constitution. Since the parties of the common view cannot reach the majority required for constitutional change in the parliament, the 1982 constitution is still valid. In 2010, amendments to the constitution introduced the right to make individual applications to the Constitutional Court.Although this is a positive development for the protection of fundamental rights and freedoms, decisions that require abstract norm and concrete norm control in practice are made contrary to the principle of the rule of law