TÜRKİYE ORTA ASYA HABER KKUORDİNATÖRÜ

WORLD TURKISH NEWS: WORLDPRESS POLITICIZED JUDICIARY IN TURKEY The politicization of law in Turkey refers to the process by which legal norms and judicial mechanisms are used not to ensure social justice, but as tools for political powers to consolidate, protect, or eliminate their rivals. In academic literature and legal circles, this situation is generally explained through the erosion of the separation of powers, the disintegration of institutional structures, and the loss of judicial independence. The key dimensions that stand out in discussions about the politicization of law in Turkey are as follows: Structural and Institutional Reasons The Executive's Influence on the Judiciary: One of the biggest structural factors behind the politicization of the judiciary in Turkey is the decisive role of the political power in the appointment of judges and prosecutors. The structure of the Council of Judges and Prosecutors (HSK) and the methods of selecting high court members allow the executive to establish direct or indirect control over the judicial mechanism. Weakening of the Separation of Powers: It is argued that with the Presidential Government System and similar periodic changes, the boundaries between the legislative, executive, and judicial branches have become blurred. The legislative body's loss of influence against the executive power has further increased political pressure on the judiciary, the only power that can control the government. Political and Functional Dimensions Reinforcing, Instead of Limiting, Power: According to constitutional lawyers, the fundamental task of constitutional mechanisms is to limit state power and protect individual rights. However, in practical applications in Turkey, it is frequently criticized that the judiciary has become a tool (longa manus / the outstretched hand of politics) that legitimizes and reinforces the decisions of the government instead of controlling it. The Emergence of Political Affiliation: The fact that "political affiliations" or periodic power balances have begun to play a role instead of impartial principles in the protection of rights and freedoms or in the operation of legal processes is seen as a chronic problem that undermines the sense of justice in society. Crisis Periods and Human Rights Violations: Periods such as states of emergency (OHAL), decrees with the force of law (KHK), and mass trials are characterized as periods where political decisions override legal norms. During these periods, the tendency of judicial actors to refer to political discretion rather than the general principles of law has been a subject of criticism. From the perspective of the sociology of law, while some experts argue that law cannot be a completely apolitical and sterile field, and is a product of social power relations, criticisms in the Turkish context focus on the undermining of universal minimum standards of law and judicial independence. For more academic perspectives, the DergiPark article "Politicization of the Judiciary" can be reviewed. There may be errors in AI-generated responses. Consult a professional for legal advice. More information DergiPark POLITICIZATION OF THE JUDICIARY: A CONCEPTUAL FRAMEWORK 31 Dec 2022 — independent and impartial judiciary. This situation also increases political pressure on the independence and impartiality of the judiciary… * Ankara University The Phenomenon of the Politicization of the Judiciary and the 1982 Constitution… – AVESİS Turkey is one of the countries where the politicization of the judiciary has not lost its relevance. The current political culture in the country politicizes the judiciary… * ANAYASA.GEN.TR Kemal Gözler, Where is the Law Going? Observations and Questions 12 Dec 2018 — The Constitutional Court, which is the first of the organs tasked with limiting the power, is not an element that limits the power, but rather… Share this: