ANKARA - Hasan Gerceker, chief judge of the Supreme Court of Appeals said Thursday that no organ, authority or individual could issue orders, give directives to courts or judges or try to influence them in their exercise of judiciary powers.
Delivering a keynote speech at a conference on the "social state of Law in the light of basic values of the Republic " in Ankara, Gerceker said all individuals, institutions and authorities had to abide by court decisions.
Recalling that Article 2 of the Constitution said "The Republic of Turkey is a democratic, secular and social state governed by the rule of law" Gerceker said the writing style of the article underlined the state of law principle as the fundamental element. He said democratic, secular and social qualities were built over this foundation.
Gerceker emphasized that the constitution shaped the state organs as three fundamental powers; legislative, executive, and judiciary and pointed out that the preamble of the Constitution said the separation of powers did not mean the supremacy of one of these powers over the other. He said this was a civil division of labour consisted of and confined to only the exercise of certain state powers and authorities.
"It is clearly stated here that supremacy belongs only to the Constitution," said Gerceker.
Gerceker emphasized that it was impossible to speak of democracy where there were no justice and said, "laws exist for justice, and they are necessary."
Gerceker said rule of law guaranteed security of life and property and basic rights and freedoms for people. He said it was impossible to speak of basic rights and freedom where judiciary branch was not independent.
"All institutions and individuals should display the necessary care in this and act with common sense. Politicians should display the virtue of establishing the domination of laws over politics, instead of diffusing politics into judiciary system." said Gerceker.
(OZG-AÖ)