INTERNATIONAL MARMARA SOCİAL SCİENCES CONGRESS (IMASCON 2020 - AUTUMN) KOCAELİ ÜNİVERSİTESİ, Kocaeli, Turkey, 4 - 05 December 2020, pp.44
Constitutions are social contracts that are used to make a society live in peace, to limit the powers of the
governing body, and to guarantee fundamental rights and freedoms. The ability of a community to live
together in the light of certain common principles and values depends on the social acceptance of these
texts. While preparing constiutiton which are at the top of the hierarchy of norms, the methods to bring the
social consensus to the highest point should be preferred. In this context, the new constitutional debates and
the process of making the constitution should be conducted as far as possible from the infertile debates
between political parties and as far as possible from the ideological approaches. There is no possibility that
any constitution in the world will be fully accepted by all members of society. However, it is very
important to reach the optimum consensus on the text of the constitution. In order to achieve this, it is
necessary to make as much participation as possible. In this study, an ideal constitution making process is
tried to be explained. In this context, firstly the concept of constitution was mentioned and the amendment
method of the constitution foreseen in the current 1982 Constitution was explained. After that; By whom,
when the constitutions can be made and how they will be put into effect are examined from a doctrinal
perspective. Finally, the methods to be followed in the process of making a constitution are explained.