The law book
The legal year has begun. Therefore, I would like to mention a very valuable book on law.
The new edition of Prof. Dr. Kemal Gözler’s book “Turkish Constitutional Law” was reprinted in August by Ekin Publishing.
The book is not solely explaining constitutional law, which consists of the basic principles of the constitutional state as well as our constitution dating back to 1876. The book also examines the current problems and the new presidential system, which was approved in a referendum in 2017.
Judicial independence
Since the book concretely approaches our constitutional problems both in history and at present, it goes beyond solely being a book on law.
Therefore, it is easily perceptible that law is an issue of life.
For example, the book mentions four changes, the decrease and increase in the number of members of the Court of Cassation and the Council of State in 2011, 2014, 2016 and 2017.
“Whichever system is adopted in the foundation of the Council of Judges and Prosecutors [HSYK], judicial independence is not possible in a country where the number of the members in the high courts can easily change due to political reasons.” (Page 996)
The book also mentions that the judges in Turkey have “no assurance on where they will be appointed to” and the judges that are not favored are subjected to bad treatment by being constantly appointed from one place to another for many years.” (Page 985)
Two current problems
Enis Berberoğlu is a deputy of the main opposition Republican People’s Party (CHP). Therefore, his political view is obvious. Berberoğlu was re-elected in the June 24 elections, but the Court of Cassation determined that he will not be granted parliamentary immunity, which is why he is still in jail.
Gözler also discusses this subject in his book by elaborating on the issue of parliamentary immunity, criticizing the decision of the Court of Cassation.
“Depriving a member of parliament of the protection ensured by the parliamentary immunity means that the parliamentary immunity theory, which is valid in constitutional law, has completely failed.” (Page 562)
Constitutional Court members Alparslan Altan and Erdal Tezcan were barred from membership to the court even though there have been “no concrete evidence” showing that they are members of FETÖ.
This means that in emergency rules, members of the Constitutional Court can be dismissed contrary to rules of the constitution.
Can there be a state of emergency decree that goes against the constitution?
In the future, if a state of emergency decree terminates the jobs of all the members of the Constitutional Court, or the court is closed, “there is nothing that the Constitutional Court has left to say in that case!” (Page 1027)
A judge’s attitude
Jurists are expected to have their eyes wide open when dealing with rules, perceptions and evidence.
This is what an independent and impartial law looks like.
In order to ensure the adaptation of this consciousness, Gözler has long been publishing works with the dignity of a real scholar.
Another specialty of Gözler is that he is an internationally referenced law scholar.
