Independence of jurisdiction against to execution in 1982 constitution.

The aim of this research is to find out that how the independence of the judiciary is provided against the executive function within the context of rule of law and how the regulations that goes against the rule of law effects Turkish Legal System and to make suggestions for changing these regulations. In democratic countries, since the rule of law is taken on with democracy and fundamental rights, the independence of the judiciary is established both in legal and institutionalization level. The result of the research is that, within the terms of the 1982 Constitution, there are a lot of defects and regulations that goes against the rule of law. In case of non-compliance with the necessary legal instruments it is impossible to say that there is a independence of the judiciary against the executive function in the system of 1982 Constitution.