The Council of Judges and Prosecutors in terms of its establishment and powers
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Abstract (EN)
Many developments have been observed in the field of law from ancient Rome to the present day. As was asked centuries ago, "Quis custodiet ipsos custodes?" The question still maintains its importance in today's democracies, despite the passage of time. It is necessary to supervise public power so that rulers do not violate the fundamental rights and freedoms of individuals by using public power. The methods used to carry out this control and ensure balance are changing day by day. There is a need for some basic guarantees, especially for those who are governed, and legal regulations are made within the framework of some basic principles to meet this need. The principles of the rule of law and judicial independence form the basis of guarantees for the governed. The Judicial Councils continue their activities primarily within the framework of the principles of the rule of law and judicial independence, and their main purpose is to contribute to the independence of the judiciary and to serve its balance and control function healthily. The independence of the judiciary is not an absolute independence or a privilege granted to members of the judiciary. It is the protection of members of the judiciary and the judiciary in institutional terms against negative influences that may come from outside, at a level that can provide the necessary legal guarantees. In the first part of the study, basic information will be given about what the state of law is, the elements of judicial independence, the importance of the separation of powers and judicial councils. In the second part, the formation processes of judicial councils in Turkey will be explained in historical order, and in the third part, the structure, functioning, powers and duties of the Council of Judges and Prosecutors in our country will be explained in line with current legislation and by using comparative law data. I hope that this study contributes to this doctrine.
Author
Sevinç Ocaktürk
Institution
How to Cite
Sevinç Ocaktürk (Master Thesis). The Council of Judges and Prosecutors in terms of its establishment and powers, 2024, Süleyman Demirel University.
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