The Compass of Justice!

21 Kasım 2023 Salı

The compass of the judiciary is not the actions and speeches of the President, but the provisions of the Constitution.

Sometimes, even certain laws cannot serve as the judiciary's compass, as they may contradict the Constitution.

All judicial bodies, especially the Constitutional Court, are obligated to protect the State, the Democratic Regime, and the fundamental rights and freedoms of citizens, which are their foundation.

Of course, the Court of Cassation must also comply with the Constitution and the rulings of the Constitutional Court.

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Let's see what the Constitution says on this matter:

I. The nature of fundamental rights and freedoms Article

12 – Everyone possesses fundamental rights and freedoms that are inherent, inviolable, inalienable, and indispensable.

Fundamental rights and freedoms also encompass a person's duties and responsibilities towards society, family, and others.

II. Limitations on fundamental rights and freedoms

Article 13 – Fundamental rights and freedoms can only be limited by law, for reasons specified in the relevant articles of the Constitution, and without infringing upon their essence. These limitations cannot contradict the letter and spirit of the Constitution, the necessities of a democratic social order and secular Republic, and the principle of proportionality.

III. Misuse of fundamental rights and freedoms

Article 14 – None of the rights and freedoms in the Constitution can be used in activities aimed at disrupting the indivisible integrity of the State with its territory and nation, and abolishing the democratic and secular Republic based on human rights.

No provision of the Constitution can be interpreted to enable the State or individuals to annihilate the fundamental rights and freedoms recognized by the Constitution or to restrict them more broadly than specified. Penalties for those engaging in activities contrary to these provisions are regulated by law.

IV. Suspension of the exercise of fundamental rights and freedoms

Article 15 – In cases of war, mobilization, or states of emergency, fundamental rights and freedoms may be partially or wholly suspended or measures contrary to the guarantees provided in the Constitution may be taken, as long as international legal obligations are not violated.

Even in the situations defined in the first paragraph, excluding deaths resulting from acts compliant with the laws of war, no one's right to life, the integrity of their physical and moral existence, can be violated; no one can be forced to disclose their religion, conscience, thoughts, and opinions, nor can they be accused based on them; crimes and punishments cannot be applied retroactively; and no one can be considered guilty until proven by a court decision.

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The compass of the judiciary is the Democratic Regime, Fundamental Rights and Freedoms, and the Constitution that protects them.

Whether elected with 51%, the highest vote among candidates, or even 99%, no President can be the compass of the judiciary!


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