Independent Judiciary Free Thought

In order to talk about freedom in a country, it is not enough for the laws to guarantee freedoms. Everyone must also obey the law. This is the first condition of freedom. For this reason, judges cannot refrain from applying the written law in force, even if the legal texts contradict their own views and beliefs. The second condition of freedom is the independence and impartiality of the judiciary. The basic criteria to realize judicial independence are indispensable elements of libertarian democracy.

We live in the age of human rights. Nowadays, human beings, who are endowed with inherent rights, have also turned into a focus that produces rights. The range of rights and freedoms has begun to expand, and people have risen to the point of proving their humanity with these rights.

In terms of history, humans living in society created universal values such as rights and freedoms, justice, law and equality before the state. Therefore, these values are independent of the state. Because the state is a tool-value that ensures order in social life according to law and is for people.

If the judiciary is not independent, secure and impartial, the rule of law cannot be achieved and democracy turns into an empty slogan; the debate shifts from within the regime to the regime. Independence as an ethical value is not to ensure the superiority, privilege or nobility of the judge; It is an indispensable prerequisite for the freedom to seek justice. Only in this way can rights and freedoms be protected against the sovereign power, the state, monetary and social power. The fate and well-being of democracy depends on an independent, impartial and therefore strong judiciary.

Independent Judiciary Free Thought is a section of Sami Selçuk's legal writings that showcase his experience and knowledge over decades.



Number of Pages: 356

Year of Printing: 2007


Language: Turkish
Publisher: Imge Bookstore

First Print Year: 2007

Number of Pages: 356

Language Turkish