1961 Constitution and military judgement: 1961 - 1971

Military Judgement, both in our country and in the world, is one of the most arguable establishments. When we look at the countries which have a forceful army or they are intent on having a forceful army, we see that military judgement is also forceful in that countries. In Turkish culture, military judgement has roots in deep. It is the reason that the first regular and permanent army, in the world, wan established by Turks. In the history, in all Turkish societies. It is easy to see military judges moving along with the army and fulfilling the needs of justice. In the Ottoman Empire, Kazaskers and Kassams, whose duties are given by Kazaskers, have proceeded to execute the service of military judgement along with the religious judgement until the establishment of Divan-i Harbs after the Decree of Gfllhane (Tanzimat). In the Republican era, Divan-i Harbs left their duties to military trials. Together with the 1961 constitution, military judgement had a constitutional status and it is reestablished by the laws issued according to the constitution. In our country, changes and developments in the military judgement differs according to army's constructional and positional conditions. Besides this, military judgement, in our society, improved slowly along with the improvements in the "individual rights and in the right of having an independent trial. Both, methodologies in judgement and given punishments have changed and improved together with the improved individual rights. In this way, the Revolution of Atatürk, which was a democratic and secular revolution in law, was the biggest improvement in the military judgement. As a result of the philosophy of Turkish Law Revolution and the 1961 constitution, military judgement come to the level where it was indifferent from the civil judgement as a constitutional establishment However, it should be noticed that changes in the 1961 constitution should be recovered for the sake of the in dependence of judges and the establishments of trials. Since the laws issued in 1971 and the changes about military judgement are too large subject range of this inquiry.