The Democratic Legitimacy of Constituent Referendum(s) in Constitution-Making Process Within The Scope of Turkish Constituent Referendum Experiences

ABSTRACT The referendum experiences of each state vary according to their democratic background, development, and welfare level. Accordingly, it becomes hard adopt a uniformed approach towards the issue necessitates questioning value practice within itself. Although is tool for reflecting people’s will, may not necessarily take place in every case. Constituent referendums differ from other types that constituent power bound by any rule law. In view this, has been chosen be examined this article, rather than general. This article focuses on relationship between democracy as basis questions whether are indeed genuine constitution-making they sufficient secure legitimacy constitutions. Despite fact at first glance, tend have sights goal, practices reveal outcome accordance with intended goal. Particularly, adoption 1961 1982 Turkish Constitutions shown method terms ensuring legitimacy. Therefore, evaluated specifically relation ensured Constitutions. study, constitutionmaking process discussed theory-oriented manner three sections, two important case analyses selected constitutional law included following sections. As consequence, concluded referendums, when held antidemocratic settings, incapable constitutions thus instrument constitution-making.