The independence and impartiality of the court

Independence and impartiality of the judiciary is one of the basic requirements of being state of law. The rights and freedoms of individuals are protected and developed by an independent and impartial judiciary in the state of law. Independence and impartiality of the courts which definitely conclude legal disputes is important for the safety of the community. Based on these explanations, in our thesis, the necessary arguments to build an independent and impartial judicial system that are sufficient to ensure the peace and security of individuals are tried to explain. Therefore, the area of our studies are focused, especially, fore the troubled areas of judiciary. As a result of research by benefitigng from the comparative law, despite the constitutional and legal changes that threaten the independence and impartiality of the judiciary have concluded that the current arrangements. In the first part of the thesis, with the terms of independence and impartiality of the judiciary, international documents that including this terms and the decisions of the European Court of Human Rights on this issue are examined, judiciary, legislation and execution bodies seperation was emphasized. In the second part, with the factors of independence and impartiality of the judiciary performs, existing practices in comparative law have mentioned. The findings are described in the conclusion. Keywords: 1. Independence of the judiciary, 2. Judicial impartiality 3. The intervention of the judiciary, 4. The judiciary is independent and impartial management, 5. Judicial guarantees.