Amendments on the field of jurisdiction in constitution of 1982 in accordance with the law no: 5982 and effects of these amendments

Judicial function is one of the three major functions of the government, in addition to executive and legislative functions, and is the guarantee of the fundamental rights and freedoms. For the protection of the fundamental rights and freedoms efficaciously, jurisdiction is supposed to be independent. Independent judiciary is the primary factor of the State of law. Independence binds everyone and in particular, the executive and legislative powers. One of the most controversial matters in Turkish Law has been the matter of jurisdiction in any period. Different perspectives on jurisdiction have been developed within different constitutions; the judicial power being expanded sometimes, yet is kept limited occasionally. Latest amendments on constitution of 1982 are made in accordance with the law No: 5982. These amendments are predominantly made in the field of jurisdiction. Drastic amendments are made on the issues of the Supreme Court and the Supreme Board of the Judges and Prosecutors. In this study, these amendments are examined with respect to their compliance with the fundamental principles of law, and a comparison is held by going through the status of these amended provisions in the former Turkish Constitutions.Key wordsConstitution of 1982, jurisdiction, Supreme Board of the Judges and Prosecutors, Supreme Court, Judicial independence