Measures to Ensure the Independence of the Judiciary based on the Independence of the Courts and Jurisdiction

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The Republic of Turkey’s constitution, which is based on the separation of powers principle and the rule of law, establishes the fundamental laws that govern the legislative, executive, and judicial branches of government as well as administrative agencies and other institutions. The Constitution is enforceable and supreme. It has been said that the separation of powers does not imply superiority among the various state organs, but rather a civilized division of labor and cooperation restricted to the use of specific state powers and duties, and that the only places where superiority can be found are in the Constitution and laws. The Constitution cannot be violated by legislation.


The legislative body’s power to enact, amend, and repeal laws in accordance with the Constitution belongs to the Turkish Grand National Assembly on behalf of the Turkish Nation.


The President and the Council of Ministers in the executive body exercise and carry out their authority in accordance with the Constitution and laws. It has the authority to manage public spending as well as armed and civilian personnel as a state power in a political and administrative capacity.


Independent courts act as the Turkish Nation’s representative in the judicial system. It uses its authority to settle conflicts with its independent courts within the legislative, executive, and judicial organs, but it also depends on the strength of other organs to carry out its own decisions. The judiciary is independent and does not follow orders or directives from other bodies or authorities. The Constitution’s articles govern the judiciary’s responsibilities and powers, just like they do for the legislative and executive branches.


The Republic of Turkey was founded on the principle of the separation of powers; therefore, because it is essential to guarantee the independence of the judiciary from other institutions and outside forces, steps have been taken to do so. This independence of the courts is guaranteed by the Constitution. The Constitutional Court’s decision shall be final in any conflicts between it and other courts.


Principle of Courts’ Independence


Independent courts exercise judicial authority on behalf of the Turkish Nation, and Article 138 of the Constitution contains specific rules for the independence of the courts. This states that judges are independent in their roles and render decisions in accordance with their conscience and the constitution, law, and law. In the exercise of judicial power, no organ, authority, authority, or person may issue directives, circulate information, or make recommendations or suggestions to courts and judges. Other judicial organs are also protected by all authorities and powers that could influence the judges’ decisions, but it is forbidden for the executive body to send a circular about an ongoing case or to instruct or advise a court in order to influence the decision of another court. The Constitution and the laws govern the relationships between the higher courts and the courts of first instance with regard to how the judicial remedies work and the validity of the judgment in an activity that excludes orders and instructions. Once more, it has been stated that no questions, discussions, or statements regarding the exercise of judicial power regarding an ongoing case may be made in the legislature in accordance with the Constitution.


The legislative, executive, and administrative branches of government must abide by court rulings; they are not permitted to modify or postpone their execution in any way. Although other government agencies have a variety of tools, the judiciary only has its decisions. It is improbable that any relationship between them would be in a position to jeopardize the idea of the courts’ independence.


The provisions of the Constitution ensure that the decisions rendered by the judiciary will be carried out by all parties, which is the cornerstone of the rule of law and a requirement of the separation of powers.


Protective measures have also been taken against other factors in order to uphold the principle of the independence of the courts and prevent judges from being influenced by others in their decisions. In the press and publication provision, a publication ban may be imposed on the events by a decision to be made by the judge within the limits to be determined by the law in order to fulfill the judicial duty in accordance with its purpose. The freedom of expression and the dissemination of thought may be restricted in order to fulfill the judicial duty in accordance with the requirements.


Other than those outlined in the law, judges and prosecutors are not permitted to perform any other public or private duties. The Constitution’s provisions make it clear that the principle of judicial independence is upheld, that judges are protected and given incentives to rule in this way, and that it contains prohibitions that apply to all organs.


Judgeship and Punishment Assured


Unless they specifically request it or as provided for in the Constitution, judges and prosecutors cannot be removed from office.


Even if a court or a staff is abolished, they cannot be forced to retire prior to starting work or be denied their salary, allowance, or other personal rights. In addition to the protection provided by Article 139 of the Constitution, judges must also have their personal and civil rights upheld in order to make their own decisions, carry out their duties impartially, and do so in total freedom. However, there are some exceptions, such as when it is inappropriate to continue in the profession. These situations necessitate dismissal from the profession due to a criminal conviction or failing to perform the duty due to health.


According to the relevant article in the Constitution, the Supreme Council of Judges and Prosecutors, which is said to have been founded and functioned on the basis of the independence of the courts and the guarantee of judgeship, is permitted to make decisions regarding the personnel matters of judges. Article 159 of the Constitution states that the Minister of Justice shall preside, that there shall be twelve substitute members and twenty-two permanent members, and that there shall be three chambers. Members are chosen for terms of four years based on the requirements outlined in the article’s pertinent paragraph, and those whose terms have ended can run again.


Public prosecutors who carry out their responsibilities in accordance with the promise of a judgeship and who work in the courts of appeal begin their careers as candidates for judges and go through the same testing process as judges.


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