The independence and impartiality of the courts in Administrative Judiciary

The most important assurance of the principle of the state governed by the rule of law is that every citizen has the right to a fair trial before the impartial and independent courts. As a matter of fact, it is emphasized in the article 9 of the Constitution of the Republic of Turkey that judicial power shall be exercised by independent courts on behalf of the Turkish Nation and fundamental principles of the security of tenure of judges and public prosecutors and the independence of the courts are mentioned in the third chapter. Even if independence of the courts has been guaranteed by the Constitution and laws, due to lack of some legal rules and some defects rising in implementation of the existing ones. it is seen that the independence and impartiality of the courts is under threat.In the first chapter of this thesis, necessity of the principle of the state governed by the rule of law and of the administrative judiciary is discussed, in the second chapter, general information on the independence of the courts is given and in the third chapter, the independence of the courts is examined as a source of judiciary.In the fourth chapter, appointments and the promotion system of the judges and public prosecutors are included and on this issue some comparisons are made with the administrative judiciary of France considered as a model country.Finally, the issue of the security of tenure of judges and their impartiality is dealt with in the last chapter.The Key Words1. The independence of the courts.2. Administrative judiciary .3. The security of tenure of judges4. Impartial judiciary.5. The state governed by the rule of law.