Basic principles dominating judicial body in Turkish Constitutional Law

The most important duty of a modern constitutional state is to promote judicial independence and to protect individual rights and liberties. The most important function of jurisdiction, which is one of the three independent organs in democratic state regimes, is to define any contradictions to law that emerged in society and to solve controversies. It is necessary that an independent and well-established, efficient judiciary system exist in order for judicial organs to exercise its duties properly. An efficient and productive exercise of judicial services is one of the fundamental conditions of a society's welfare and well-being. A fast and efficient exercise of a judicial service is related to its keeping its pace with the change and development around the world. Constitutional state, a sine-qua-non requirement for a liberal, pluralist and modern democracy, represents a system where rule of law is in power, the state is dependent on the law, the judicial organ functions independently without being influenced with all types of internal and external interventions and constraints, rules of law are practised equally towards anyone, individual rights and liberties are secured and individuals are ensured with legal security. Judicial independence is one of the essential values that has to be protected in democracies. The importance of judicial independence and the principle of separation of powers in a constitutional state is that independent judiciary is an assurance of fundamental rights and liberties. The first chapter of this study gives the definition of a constitutional state and a brief historical development of constitutional state in Turkish states. This chapter also gives definitions of judicial functions and their features, explains judicial organisation and introduces basic judicial concepts and basic principles dominating judicial organs. The second chapter deals with these topics: natural judge, presumption of innocence, judicial independence, tenure of judges, the report of Venice Commission on judicial mechanism in Turkey and its advisory jurisdiction, the concept of independent court according to the European Convention of Human Rights and the decisions given by the European Court of Human Rights, the structure and functioning of the Supreme Board of Judges and Prosecutors with respect to international documents and domestic law. This chapter also introduces the judicial systems of constitutions that were put into effect in 1921, 1924 and 1961, respectively, and their characteristics with a historical and functional approach. The judicial system in the current constitution that has been in effect since 1982 deals with the structure of judicial organisation and its general features, and personal benefits comprehensively. This chapter discusses the work-load in judicial system and the reasons for basic judicial problems, acceleration of judicial system, independence in judiciary, institutional independence of judiciary, natural judge and presumption of innocence. This study ends with a general evaluation and a conclusion part that sums up what can be done further to solve basic judicial problems and to functionalise judicial system. Keywords: Constitutional state, judicial independence, principles dominating judicial body in Turkish Law.