Association Of Judicial Unity
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Association Of Judicial Unity
Association of Judicial Unity ( tr, Yargıda Birlik Derneği, abbreviated as YBD bd̪ is the largest association of judges and public prosecutors in Turkey. YBD’s origins date back to the Platform of the Judicial Unity created in 2014 by judges and prosecutors from all political horizons, philosophical convictions and religious beliefs. It has around ten thousand members. History Founded in 2014 by members of the judiciary concerned about the future of the judicial system in Turkey, the Platform of the Judicial Unity has evolved to become the Association of Judicial Unity on March 27, 2015. The members of YBD undertake to protect the independence and impartiality of the judiciary and thus preserve public trust in the judiciary by taking a stance equidistant from all kinds of political opinions, philosophical or religious beliefs and convictions. YBD obtained the legal status as an association on March 27, 2015. Its first General Assembly meeting was held on September 12, 20 ...
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Public Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosec ...
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Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with a East Thrace, small portion on the Balkans, Balkan Peninsula in Southeast Europe. It shares borders with the Black Sea to the north; Georgia (country), Georgia to the northeast; Armenia, Azerbaijan, and Iran to the east; Iraq to the southeast; Syria and the Mediterranean Sea to the south; the Aegean Sea to the west; and Greece and Bulgaria to the northwest. Cyprus is located off the south coast. Turkish people, Turks form the vast majority of the nation's population and Kurds are the largest minority. Ankara is Turkey's capital, while Istanbul is its list of largest cities and towns in Turkey, largest city and financial centre. One of the world's earliest permanently Settler, settled regions, present-day Turkey was home to important Neol ...
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Judicial System Of Turkey
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 legal profession The general term for members of the legal profession in Turkey is ''hukukçu''. In Turkey, any man or woman, after having graduated from a law faculty at a university, can become attorney-at-law or barris ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so ("representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the dominant form of ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ...
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Impartiality
Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. Legal concept European Union law refers in the Charter of Fundamental Rights of the European Union to: * A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) * A right to an effective remedy and to a fair trial: :''Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law'' (Article 47).European Parliament, Council and CommissionCharter of Fundamental Rights of the European Union 26 October 2012 Religious concepts Buddhism Impartiality is one of the seven fact ...
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Constitution Of Turkey
The Constitution of the Republic of Turkey ( tr, Türkiye Cumhuriyeti Anayasası), also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its responsibilities in regards to its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the Turkish people. The constitution was ratified on 7 November 1982. It replaced the earlier Constitution of 1961. The constitution was amended nineteen times, three of them through a referendum: 2007, 2010, 2017, one of them partly through referendum: 1987. As of April 2016, 113 of the 177 articles of the Constitution of 1982 were amended overall. History The first constitution of the Ottoman Empire was adopted in 1876 and revised in 1908. Since its founding, the modern Turki ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Budapest Principles
Budapest (, ; ) is the capital and most populous city of Hungary. It is the ninth-largest city in the European Union by population within city limits and the second-largest city on the Danube river; the city has an estimated population of 1,752,286 over a land area of about . Budapest, which is both a city and county, forms the centre of the Budapest metropolitan area, which has an area of and a population of 3,303,786; it is a primate city, constituting 33% of the population of Hungary. The history of Budapest began when an early Celtic settlement transformed into the Roman town of Aquincum, the capital of Lower Pannonia. The Hungarians arrived in the territory in the late 9th century, but the area was pillaged by the Mongols in 1241–42. Re-established Buda became one of the centres of Renaissance humanist culture by the 15th century. The Battle of Mohács, in 1526, was followed by nearly 150 years of Ottoman rule. After the reconquest of Buda in 1686, the region e ...
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Supreme Board Of Judges And Prosecutors
The Council of Judges and Prosecutors ( tr, Hâkimler ve Savcılar Kurulu), HSK; previously named as Supreme Board of Judges and Prosecutors ( tr, Hâkimler ve Savcılar Yüksek Kurulu) is the disciplinary body of the legal system of the Republic of Turkey and the national council of the judiciary of Turkey. It was established under the 1982 Constitution of Turkey and significantly amended by the Turkish constitutional referendum, 2010 (including an expansion from 7 members to 22). After 2017 constitutional referendum, members are reduced to 13. The Council currently consists of the thirteen members: seven appointed by the Parliament from high courts and lawyers, and four by the President from civil and administrative judges and prosecutors, the Minister of Justice, and the Ministry Undersecretary. The three branches —the legislative, executive, and judicial— of state as well as practicing lawyers are represented in the Council. Thus, the shaping of the judicial body, through ...
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