Professional issues in terms of judicial independence and security of judges
2010
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Advisor: Prof. Dr. Hasan Tunç
Abstract (EN)
There is justice in the basic principle of a state model which is effective, secular, democratic and respectful to human rights. Moreover, there is an independent and secure trial model on the basis of a fair judge model.Today, the classic sense of independence against the legislation and the execution is no more effective, instead the understanding of effective judicial protection against the social pressure groups in society is acceptable.Judges that act on behalf of people depend on the sovereignty of people, if it is not regarded in this way, it means the division or the removal of sovereignty of people. Thus in the preparation of new constitution, it would be an appropriate approach to the tradition of democratic government to emphasize the sovereignty of people.Gathering the judicial, administrative, military judges and prosecutors under one roof the same independence and assurance; giving the judges the right to apply for judicial about the operations against them; limiting the wide discretion and control of execution over the judiciary are all the necessity of a constitutional state.Well established in-service training as an institution will enable judges to renew themselves across legal and social changes in time. This institution will join theoretical knowledge with practice and will be a qualified educational institution which will be a pioneer in Turkish law system. This will inevitably lead to recognizing scientific and institutional autonomy.The aims for giving the right to organize for judges and prosecutors are to protect democratic society?s values by filtering government?s justice policies and to stop wrong applications by drawing attention to applications which are against the human rights. The organized judges and prosecutors as an association have positive influence on such functions and also this is suitable with legislative, executive organs and free judicial organs? characteristics.Bad arrangements will be able to bring fair solutions by good practitioners. Bad arrangements in a fair and legal system will also be unable to solve problems by bad practitioners. Because of this, independence of the judges does not necessarily mean that we cannot audit judges in any case. Furthermore, the guarantee of being a judge does not necessarily mean that they cannot be expelled.
Author
Dr. İsmail Şahbaz
Institution
How to Cite
İsmail Şahbaz (Master Thesis). Professional issues in terms of judicial independence and security of judges, 2010, Gazi University.
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