Institute of Strategic Thinking (SDE) discussed one of the most debated issues of the last years in our country in detail. Judiciary, which is the sine qua non of a democratic state, deserves to be paid special attention in terms of being a tripod with the legislative and executive organs for the sustenance of the regime. 

 

There will be no peace without justice and there will be no order unless people believe in the rule of law. One of the unquestionable sources of law is the social values. Apart from the discussions on the international principals and international judiciary organs, we have not agreed on whether the nation can change the constitution and laws with its free will. 

 

Turkey, which merely forms its constitutions in extraordinary situations and under military authority, needs a civil constitution and a judicial report. What should be changed is not only the constitution. The series of legal codes that are in a relationship with each other should be handled again and perhaps they need to be reformed. 

 

SDE created a brainstorming on this deep-rooted problem at the institution. Prof. Dr. Hakan Hakeri, Prof. Dr. Hasan Tahsin Fendoğlu, Prof. Dr. Fazıl Hüsnü Erdem, Prof. Dr. Yavuz Atar, Assoc. Prof. Osman Can, Assoc. Prof. Yusuf Tekin, Assoc. Prof. Bekir Berat Özipek, Assoc. Prof. Kudret Bülbül, Assoc. Prof. Faruk Bilir, Assoc. Prof. Yusuf Şevki Hakyemez, Assist. Prof. Vahap Coşkun, Dr. Murat Yılmaz, and Attorney Reşat Petek besides the Vice Chairman of SDE Prof. Dr. Mehmet Emin Çağıran, the members of the Board Prof. Dr. Ali Şafak and Aydın Bolat attended the meeting on the preparations for “the Judiciary Reform Report”. 

 

Directed by Assoc. Prof. Levent Korkut, the meeting ended with the decision of organizing “The Conference on the Rule of Law and Judiciary during Democratization”. Held at SDE, the conference was planned to be a platform to bring the civil society and the government together. 

 

This kind of well-intentioned attempts remained inconclusive because they lacked the preparatory work. In order not to make the same mistakes again, SDE asked the public suggestions by receiving the ideas of the specialists. 

 

For a decent Judicial Reform that will fulfill the expectations of all people, the role of the “Judicial Institutions during Democratization” should be determined clearly. In this context, in order to form the basis of the discussions, Prof. Dr. Yavuz Atar prepared a preliminary report on “the Constitutional Court”, Assoc. Prof. Yusuf Şevki Hakyemez on “The High Council of Judges and Prosecutors”, Assoc. Prof. Ramazan Çağlayan on “The Administrative Justice in Turkey”, Prof. Dr. Fazıl Hüsnü Erdem and Assist. Prof. Vahap Coşkun on “The Military Justice in Turkey”, and Assoc. Prof. İlhan Üzülmez on “The Court of Appeal”. 

 

Before it is too late, everyone and every group should make a contribution to the process and make their supporting or opposing views clear. Hope to have a final Judicial Reform Report, shaped by your wishes and desires, which will end “I wish”…

 

Prof. Dr. Yasin Aktay

The Chairman of SDE

 

Click here for the PDF version of the report…