Judicial Branch in Turkey: Issues and Solutions
Technical Report, pp.1-48, 2022
- Publication Type: Other Publication / Technical Report
- Publication Date: 2022
- Page Numbers: pp.1-48
- Open Archive Collection: AVESIS Open Access Collection
- Istanbul University Affiliated: Yes
Abstract
Discussions regarding the judicial branch in Turkey have always been on the agenda. Following the 2017 constitutional amendments, the frequency of these debates increased, and especially problems concerning the independence of the judiciary became more prominent. This situation brought forth studies on how to solve these problems. The prominent points made in most of the studies from a general perspective are the reforms that need to be made regarding the judiciary in general, and the high courts in particular. In this report, constitutional problems, and proposals for solutions regarding the formation and characteristics of the judicial branch are highlighted. As such, the aim is to evaluate the constitutional regulations regarding the judiciary rather than to provide a general perspective, and to contribute to the studies on the subject by making recommendations. The report first briefly discusses the Ottoman judiciary of the classical period, and then the formation and characteristics of the judicial branch in the 1876 Constitution, the 1909 Amendments, as well as the constitutions of 1921, 1924 and 1961. Then, the formation and characteristics of the judicial branch in accordance with the 1982 Constitution are examined. In this framework, the reforms made up until 2010 are discussed in detail, whereas the changes and transformations after that year are discussed more broadly. Afterwards, the problems that emerged in the judicial system following the 2017 constitutional amendments, and the connection between these problems and the new government system are evaluated in detail. Finally, there is a discussion on how the problems identified here may be resolved; accordingly, suggestions are offered. In this framework, a dual method is employed: first, there is an evaluation of how the constitutional problems related to the judiciary can be resolved if the current government system is continued. Then, the constitutional requirements regarding the judiciary, regardless of the government system in place, are emphasized. Since most of the constitutional issues related to the judiciary are considered to be independent of the government system in place, more weight is given to this second point.