The position of the judiciary in political systems and its political roleThe presidential republican system in Türkiye as a model
DOI:
https://doi.org/10.58298/792024606Keywords:
Judicial Authority , Court Ruling , Constitutional Review , Turkish Presidential Republic SystemAbstract
Abstract:
The research deals with the position of the judiciary in political systems and an attempt to understand the relationship between the judiciary and politics through the concept of the political role of the judiciary, which is embodied in the work of constitutional courts in monitoring the constitutionality of legislation and decisions, and supervising elections. The judiciary has recently reflected political manifestations in different locations and occasions in contrast to other authorities, in which it exceeds its original role known for settling disputes and interpreting the law to a role with a growing political impact. In Turkey, the study model, the close relationship between the Constitutional Court and the bureaucratic side of the state emerges, and the fact that judicial decisions in Turkey are of a political and ideological nature. However, within the framework of changes to the political system in Turkey and the transition to the presidential republican system, through the constitutional amendments of 2017, it becomes clear that this role has been reduced, as it included changes closely related to the judiciary. The most important of these is the abolition of the military judiciary with all its courts, and an amendment to the work of the Constitutional Court and the Council of Judges and Prosecutors (HSK), but the controversy continues about the impact of politics on the judiciary in Turkey, and the discussion about its independence and political role is expanding.
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