The principle of legal judge in turkish law within the framework of the right to a fair trial

ABSTRACT The principle of the legal judge, which is an inseparable element of the rule of law, forms the cornerstone of the right to a fair trial, ensuring that individuals are judged before an independent and impartial court. The aim of this principle is to safeguard individuals' fundamental rights and freedoms by preventing arbitrary trials and the misuse of judicial authority. This study examines the principle of the legal judge as an element of the right to a fair trial. Therefore, the concept and historical development of the right to a fair trial are first discussed, followed by a brief examination of the scope of this right within the context of the European Convention on Human Rights and the European Court of Human Rights. The principle of the legal judge and its relationship with the right to a fair trial are also explored. The study addresses the principle of the legal judge, discussions in the doctrine regarding its designation, its historical development, its place in national and international legal systems, as well as its constitutional guarantees. The focus of the study is to evaluate the applicability of the principle of the legal judge in contemporary legal institutions within the context of the Turkish legal system and judicial decisions. In this regard, contemporary judicial regulations such as peace courts, independent administrative authorities, consumer arbitration boards, transfer of cases in criminal procedure, summary trial procedure, simple trial procedure, and the recusal of judges are taken into consideration. As a result, this study emphasizes the role of the principle of the legal judge in establishing the rule of law and protecting individuals' fundamental rights and freedoms, and proposes recommendations to prevent violations of this principle. Keywords: Right to a Fair Trial, Rule of Law, Principle of the Legal Judge, Judicial Independence and Impartiality.