Turkish Law System
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Turkish Law System
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey. With the founding of the Republic, Turkey adopted a civil law legal system, replacing Ottoman law and the Sharia courts. The Civil Code, adopted in 1926, was based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911. Although it underwent a number of changes in 2002, it retains much of the basis of the original Code. The Criminal Code, originally based on the Italian Criminal Code, was replaced in 2005 by a Code with principles similar to the German Penal Code and German law generally. Administrative law is based on the French equivalent and procedural law generally shows the influence of the Swiss, German and French legal systems. The system can be very slow - as of 2024 one land dispute has been ongoing for 53 years. The legal profession The general term for members of the legal profession in Turkey is ''hukukçu''. In Turkey, any man or woman, after havin ...
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Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ...
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Constitutional Court Of Turkey
The Constitutional Court of Turkey ( Turkish: ''Anayasa Mahkemesi'', sometimes abbreviated as ''AYM'') is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly" (Article 148/1 of the Turkish Constitution). If necessary, it also functions as the Supreme Criminal Court () to hear any cases raised about the President, Vice President, members of the Cabinet, or judges of the high courts. In addition to those functions, it examines individual applications on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities (Article 148/3 of the Turkish Constitution). The Court is the seat of the Center for Training and Human Resources Development of the Association ...
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Council Of State (Turkey)
The Council of State () is the highest administrative court in the Republic of Turkey and is located in Ankara. Its role and tasks are prescribed by the Constitution of Turkey within the articles on the supreme courts. According to Article 155 of the Turkish Constitution (1982), "The Council of State is the last instance for reviewing decisions and judgments given by administrative courts and not referred by law to other administrative courts. It shall also be the first and last instance for dealing with specific cases prescribed by law. The Council of State shall try administrative cases, give its opinion within two months on the conditions and the contracts under which concessions are granted concerning public services, settle administrative disputes, and discharge other duties prescribed by law. Threefourths of the members of the Council of State shall be appointed by the Council of Judges and Prosecutors from among the first category administrative judges and public prose ...
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Constitutional Court Of Turkey
The Constitutional Court of Turkey ( Turkish: ''Anayasa Mahkemesi'', sometimes abbreviated as ''AYM'') is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly" (Article 148/1 of the Turkish Constitution). If necessary, it also functions as the Supreme Criminal Court () to hear any cases raised about the President, Vice President, members of the Cabinet, or judges of the high courts. In addition to those functions, it examines individual applications on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities (Article 148/3 of the Turkish Constitution). The Court is the seat of the Center for Training and Human Resources Development of the Association ...
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Court Of Cassation In Ankara
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, a ...
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Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, either "not guilty" or "guilty"—except in Scotland where the verdict of " not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case generally requires evidence to be tes ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ...
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Union Of Turkish Bar Associations
The Turkish Bars Association (correctly, the Union of Turkish Bar Associations) or ''Türkiye Barolar Birliği'' (TBB) has been established in 1969 and is an organisation for Turkish lawyers, uniting over 70,000 lawyers in 79 Turkish bar associations. Established in 1969, it is headquartered in Ankara.TBBHISTORY OF THE UNION OF TURKISH BAR ASSOCIATIONS/ref> The current president is Erinç Sağkan. The TBB is a member of the International Bar Association and the European Bar Federation. History A “Union of Bars in Turkey” was established on the 5 April 1958. Since then the 5th of April is known as the "Lawyer's Day" in Turkey. Later on the Turkish Bars were organized in a different and more efficient way, and on the 7 April 1969 the Union of Turkish Bar Associations (TBB) was established with the Law No. 1136, concerning the legal profession ''(the “Attorney’s Law”)''. "Individuals who are not registered with a Bar Association may not use the title 'Attorney' or work i ...
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Bar Association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence.ABA Timeline
ABA website, accessed on June 22, 2020,
The word bar is derived from the old English/European custom of using a physical railing (bar) to separate the area in which court or legal profession business is done from the viewing area for the general public or students of the law. Some bar associations are responsible for the regulation of the legal profession in their ; others are professional organizations dedicated to serving their memb ...
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Measuring, Selection And Placement Center
The Measuring, Selection and Placement Center (, ÖSYM) is the body responsible for organizing the national level university entrance examination Student Selection and Placement System, and several other large scale examinations in Turkey. It was founded in 1974 and its headquarters is in Ankara. ÖSYM also operates the world's one and only government-operated dedicated large scale (5600 people at a time) computer-based test center. Foreign language exams * Foreign Language Exam (, YDS), there are also: * YÖKDİL, a test in a similar format to YDS, but limited to Turkish universities in validity * YKS-YDT, the foreign language part of the Student Selection and Placement System * a section of the teacher's exam (ÖABT) for foreign language teachers. See also *Education in Turkey Education in Turkey is governed by a national system which was established in accordance with Atatürk's Reforms. It is a state-supervised system designed to produce a skillful professional clas ...
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