It is generally accepted that there is a strong relationship between implementation of the principle of rule of law (supremacy of law to be the basis of government) and creation of a democratic system. As a matter of fact, this is true for many systems and countries. But empowering the institutions to supervise the supremacy of law without democratizing their structure can work completely adversly. That is, constitutionally empowered and protected bodies which lack democratic legitimacy may prevent the establishment of democratic institutions and realization of substantial rule of law, the equality of individuals before the law and respect for human rights. The position in Turkey is more close to the latter. The constitutional and legal organization of the state institutions complies with the formal requirements of the constitutional state. Furthermore, basic requirements of a democracy have also been established like political parties, free elections and a parliament elected by universal suffrage. Nevertheless, most of constitutional institutions were designed - by the constitutions and laws made by military after coup d'états in 1960 and 1980 - to preserve state ideology characterized by nationalism and (positivist-constructive) secularism (in fact interests of a civilian and military bureaucratic oligarchy namely military, judiciary, universities and their (so called) civil allies like some political parties, some elements of media and bourgeoisies created by the state support) rather than protection of individual rights and democracy and they function as supervisory bodies over democratic ones. That is why, despite legislative improvements in terms of protection of fundamental rights, protection of minorities and democratization in the process of accession negotiations between {_} _ Turkey and the EU, there is a very small and slow improvement in the application in those areas._
Dissolution of political parties is still a significant and acute problem in Turkey. Freedom of expression is threatened by high number of criminal investigations against intellectuals and writers. The existence of unresolved extra judicial killings and political assassinations committed within last two decades cast shadow on judicial system. Ethnic and religious social minority groups have serious problems. Human rights problems of religious Muslim community like prohibition of wearing headscarf in the public places and university campuses are still awaiting solution. Conscientious objection has not been recognized yet. While some of these problems arise from constitutional and legal regulations, most of them do not stem from bad or inadequate norms; rather they are caused by judicial or bureaucratic interpretation or approach. And these judicial and bureaucratic bodies are resisting against legal and constitutional changes in those areas. Therefore, the problem relating to rule of law is not, in essence, a normative problem, but an implementation problem caused by ideologically oriented elites in the constitutional bodies in Turkey.