chapter  14
The judiciary
WithERGUN ÖZBUDUN
Pages 17

The roots of the independence of the judiciary go back to the Constitution of 1876. Article 81 stated that judges cannot be dismissed. Other articles in the section entitled ‘The Courts’ also adopted such guarantees as the public nature of the court proceedings (Art. 82), the right to use all legitimate means in self-defence (Art. 83), the prohibition of denial of justice (Art. 84), the principle of the legal judge (Art. 85), the prohibition of all outside interference in court proceedings (Art. 86), and the prohibition of establishing extraordinary courts or commissions with judicial powers (Art. 89). The Constitution of 1924 regulated the judicial branch under the title of

‘judicial power.’ The Constitution stipulated that

judges are independent and free from any kind of intervention in the proceedings and judgements of all cases, and subject only to the provisions of law. Decisions of the courts shall in no way be changed or postponed or their execution be prevented by the Turkish Grand National Assembly and the Council of Ministers.