“People” is the common conception for all different definitions of democracy, whereas “will of
the majority” is the common reservation point. Within a constitutional state, delimitation of the majority’s
government through law, results from the principle of “superiority of law”, yet all instruments that will
ensure this objective are the elements of rule of law. The most prominent instrument is “judiciary”. At the
present time, keeping the acts and operations of political power within the limits of law is the duty of
judiciary. Constitutional state is described as a legitimate and fully democratic country due to power and
efficiency of its judiciary.
Key concept for delimitation of state through law is “constitutionalism”. In this context, we
would like to explain the difference between the concept of constitution, the fact of constitutionalisation,
and the constitutionalist movement.
Constitution is a major document, which regulates the structure and powers of state
and the rights and duties of citizens; and gives them a shape; whereas, constitutionalisation is
managing the state through a constitution, which bases on universal legal principles. The objective of
constitutionalisation is, first, to regulate the method of using the power but second, to develop legal
and institutional measures, which annihilate the probability of abuse of it.1 Constitutionalism is an
application, an action and deals with the existence of a constitution, along with its content. Demands,
such as delimitation of absolute power by parliament, a fair trial through impartial courts, extension,
expansion, and protection of human rights describes the content of  constitutionalism.2
Not all states that have a constitution meet the conditions of constitutionalism and in this sense
become a “constitutional state”.
The countries of the world are classified as full democracies, flawed democracies, hybrid regimes,
and authoritarian regimes by The Economist’s research, which basis on the elements of investigation of
elective and pluralist democracy, functions of the state, political participation and political culture.3
The governments of all these countries argue and defend that they built their democracies within the
framework of a constitution. With this, since public opinion notices similarities of autocratic regimes of
the past with today’s democracies, directs its concern and attention on whether the constitutionalist
movement achieved a success or not.
In our day, it is observed that although quite a few countries entitle its people with the rights,
based on democratic principles and universal legal rules, and identify themselves as democratic; in
practice, it is seen that executive branch displays a super-eminence and uses its entitlements in order to
prevent the application of democratic principles, due to motivation of protecting both the country and
themselves. Indeed, this points, not only the violation of constitutions in such countries, but also the
global crisis of constitutionalism.
From this point of view, our Executive Board identified the title of the 10th International Congress
on Law –which is held biennially since 2000 and now traditionalistic- as “Global Crisis of Constitutionalism”
and set related subtitles.
In our thought and research trip, in which we will be together with all of you, we will discuss the
conception of democracy through law within the evolution process of constitutionalism, the appearance
of domestication of majority through law within the evolution process of democracy and the conditions
of delimitation of political power through law.
The congress is held for determining the controversial points related with global crisis of
constitutionalism and then searching for possible answers to the questions of constitutionalist movement
on these determined points. The focus point of subtitles is constitutional state with its contemporary
configuration and functioning scheme.
Due to people-oriented management conception of the Ankara Bar Association, we invited
not only experts from Turkey and all around the world to present their subjects but also politicians,
colleagues, and professionals from all segments of society in order to represent their views in an open
debate. We projected that our law apprentices, members of our association and academicians shall
present their knowledge and experience about constitutionalism through posters. We foresee to reveal
common and divergent views, our expectations and solution suggestions through the “Final Declaration
of the Congress” at the very last day of the Congress.
With my regards, I wish that the results of the congress may be useful for all of our colleagues,
who are the privates of judiciary and may contribute to the democratisationprocess of our country.

Atty. Hakan CANDURAN
PRESIDENT OF ANKARA BAR ASSOCIATION

CANİKLİOĞLU, Meltem Dikmen, Anayasal Devlette Meşruiyet, Ankara 2010,pp.72-73.
2 SOYSAL, Mümtaz, Anayasanın Anlamı, Gerçek Yayınevi, İstanbul 1979,pp.10-11.
3 Economist (2012), The Economist İntelligence Unit’s Index of Democracy, p.3.