Demokratik Sistemlerde Temsilde Adalet İlkesinin Gerçekleştirilmesi

Abstract

Both Decision-making processes and participation of citizens in decision-making processes in the context of the governing-governed relationship are important issues in constitutional law. The fact that direct democracy in Ancient Greece becomes impractical due to increasing population and widening land coverages of the given states are two of the most important reasons for the mandatory implementation of representative democracy. In democratic systems. elections constitute the source of legitimacy of the political power. In the first part of this study, which consists of four parts; the institutionalization of representation in democratic systems will be examined. In this context, the meaning of democracy will be expressed via including transformation of democracy to the analysis. Then, the understanding of representative democracy and the theory of mandatory procuration is will be examined within the context of the development of political representation in the historical process and the use of sovereignty. In the second part of the study, in the context of the reflection of democratic instruments on the principle of justice, the determinants of political parties on the democratic system will be interpreted. When explaining the meaning of the concept of election, the related decisions of the Constitutional Court and the European Court of Human Rights will be given in detail on a historical basis. In the third part of the study, the principle of stability in governance will be examined, which its correlation with principle justice in representation in the electoral systems is discussed. While expressing the types of the concept of stability, the difference between the stability of the democratic political system and government stability will be mentioned. In the fourth and last part of the study, the cases that weaken the principle of justice will be expressed. Restrictions on the right to election, prohibitions of being a candidate, electoral thresholds, applications of geryymandering concept of intra-party democracy will be examined and their appearances in Turkey will be expressed.