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THE STRUCTURE OF THE GOVERNMENT
THE JURISPRUDENTIAL ORDER
The jurisprudential order of the Turkish Republic is obtained by the
processes of law and execution (rules and regulations, statutes and
written decrees), primarily by constitution. Also the administration
had assisted to obtain this order by organizer processes (general
announcements, notices and budget application directives). The
organizer processes of the execution and administration could be at
general status including all of the organizations of the state or
could be relevant with the specific subjects, organizations, local
administrations and autonomous associations.
The basic gain of the Republic Period is the adoptation of the
secular jurisprudential order together with the principle of
secularity. At the first years following the foundation of the
Republic, as the recreation of an appropriate jurisprudential system
would take long, the usage of the western sources with modifications
required by the conditions of the country was approved. In this
scope, the Law of Marriage and Law of Debts was arranged and put in
force according to the Switzerland Law of Marriage, The Jurisprudent
Courts Procedure Law was arranged and put in force according to the
Switzerland Neuchatel Procedure Law, The Law of Penalty was arranged
and put in force according to the Italian Law of Penalty, The
Penalty Judgement Procedure Law was arranged and put in force
according to the German Penalty Judgement Procedure Law, The Law of
Commerce was arranged and put in force according to the laws of
Germany, Britain, Japan and even Brazil. The verdicts of the laws,
which do not suit the necessary conditions of the period, are
changed in time. The Supreme Court of Constitution plays an active
role at the annulment decisions in cleaning some rules, which oppose
the rules, especially the ones opposing the equality of man and
woman.
Either Law of Marriage had Law of Commerce preserved the liberal
spirit of the arrangement period until nowadays. The freedom of
agreement principle is dominant in both laws.
The universal principles of the Punishment Law are stated both in
the constitution and the Law of Punishment. No individual could be
punished for an action, which is not accepted crime, by the law in
force; and the punishment judge could not decide verdicts with
comparison. If the current law in force is different from the law in
the period, which the crime is committed, the beneficial law is
applied. Until the guiltiness becomes totally definite, no
individual could be accepted to be guilty. No individual could be
charged to more severe punishments from the stated punishment for
that crime in the law. The responsibility of the punishment is
personal. The individual freedom could only be limited by law. The
judge decides for arresting and the period. The arresting without
the decision of the judge could only be in the in-the-act situations
or in the situations in which postponing the action could cause a
drawback. The reason of arrest is notified to the arrested or caught
individuals and their relatives are informed. These individuals are
taken faced with judge in maximum period for 48 hours if the crime
is relevant with the scope of Government Security Courts and maximum
24 hours for other crimes, maximum 15 days when the crimes
concerning the mass crimes. No individual could be imprisoned
without the decision of the judge. These periods could be extended
in the conditions of extraordinary state, martial law and war.
Every individual had the right to claim and defend as plaintiff or
defendant at the courts. This is a right determined by the
constitution and is a major principle of the jurisprudential state.
No individual could be faced with a competent authority other than
his legally bounded court. The judgement authority is granted only
to independent judges. The judges and attorney generals are
commissioned as legal and administrative judgement. The judges can
not be forced to retirement without their will until the age of 65
principally.
The legal Judgement is two ranked. The juridical cases are executed
by the peace and fundamental courts as the first rank court except
for specially charged courses. The specially charged courts are the
severe punishment, business, children, traffic, cadastral, Commerce
and Government Security Courts. The competent authority for appeal
the legal cases is the Supreme Court. The Supreme Court is composed
of punishment and jurisprudence departments. Also there are general
rules of punishment and jurisprudence. There are no intermediate
courts in Turkey.
The constitution had suggested military judgement for the military
personnel. The cases are executed at the Military courts and the
competent authority for appeal is the Military Supreme Court.
The Administrative Activities of the Government
It is stated in the constitution that the path of judgement is clear
for any actions and processes of the administration as a necessary
principle of the jurisprudent state. However the solitary processes
of the President, the decisions of the Supreme Military Assembly and
the decisions of the Judges and Attorney Generals Supreme Committee
are excluded out of the judgement supervision.
The cases against the action and processes of the administration are
executed at the administrative judgement. The administrative
judgement is also two ranked. The administrative, regional
administrative and the tax courts were founded in accordance with
the issued laws, which depend on the new arrangements stated in the
1982 constitution. The administrative and the tax courts are first
rank courts while the regional administrative courts are high ranked
courts in some cases. The cases against the managerial actions and
processes are executed by the first and last rank courts.
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