Master'sOpen Access

The principle of natural judge on constitutional ground

2022
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Advisor: Doç. Dr. Şafak Evran Topuzkanamış

Abstract (EN)

The principle of natural judge is one of the fundamental components of the right to a fair trial, which consists of many sub-principles and rights. Additionally this principle is a guarantee of the right to a fair trial and principle of state of law. Initially, for a judicial activity in accordance with the requirements of the right to a fair trial, courts established in accordance with the principle of natural judge are needed. The principle of natural judge, which is based on the establishment of courts by law and before the events subject to trial, prohibits the establishment of extraordinary courts. In this framework, it can be asserted that the principle consists of three sub-elements that will be detailed in our study. In the absence of one of these complementary elements, the principle will be violated. The principle of a natural judge is considerable in terms of its regulation in state constitutions that are text of national law and international human rights documents. These regulations are intended to provide national and international legal protection to the principle. This thesis has been prepared in order to create a conceptual framework for the principle of natural judge and to evaluate the trials that are alleged to violate the said principle in our country, in line with the constitutional regulations of the period. Key Words: Principle of Natural Judge, Principle of Legal Judge, Right to Fair Trial, Independence and Impartiality, General Principles of Law.

Author

Dr. Şeyda Saribay

How to Cite

Şeyda Saribay (Master Thesis). The principle of natural judge on constitutional ground, 2022, Dokuz Eylül University.

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