Jurisprudence Law at Turkey
Jurisprudence in Turkey reflects a blend of civil law tradition, influenced by European legal systems, and Islamic legal heritage, though the modern legal system is secular. Here’s a breakdown of jurisprudence (legal philosophy and case law) in the context of Turkish law:
🔹 1. Legal System Type
Civil Law System: Turkey follows a civil law tradition, meaning that laws are codified and written, and judges base their decisions primarily on statutes, not precedent.
The Swiss Civil Code, Italian Penal Code, and German Commercial Code strongly influenced Turkish legal reforms in the early 20th century under Mustafa Kemal Atatürk.
🔹 2. Sources of Law
The Constitution of Turkey (1982, amended)
Supreme legal authority.
Guarantees rule of law, separation of powers, and human rights.
Statutory Laws (Kanun)
Passed by the Turkish Grand National Assembly.
Includes civil code, penal code, commercial code, etc.
Presidential Decrees and Regulations
Used especially after the 2017 constitutional referendum expanded presidential powers.
Case Law / Jurisprudence (İçtihat)
Not binding in the civil law system but influential.
High courts like the Court of Cassation (Yargıtay) and the Council of State (Danıştay) shape jurisprudential trends.
Constitutional Court decisions have binding effects on constitutional interpretation.
Custom and Doctrine (Legal Scholarship)
Especially used when the law is unclear or silent on a matter.
Legal scholars and academic opinions contribute to shaping interpretation.
🔹 3. Islamic Law Influence
Since the 1920s, Turkey has undergone significant secularization.
Islamic law (Sharia) is not a source of law in the Turkish Republic.
However, cultural influences persist in areas like family law, although reformed codes have secular foundations.
🔹 4. Judicial System
Court of Cassation (Yargıtay) – Highest court for civil and criminal matters.
Council of State (Danıştay) – Highest administrative court.
Constitutional Court (Anayasa Mahkemesi) – Rules on constitutionality of laws and individual rights.
Judicial independence has been a key concern, especially following the 2016 coup attempt and subsequent reforms.
🔹 5. Recent Developments
Judicial Reforms Strategy (2019) aimed at improving legal predictability, judicial independence, and alignment with EU standards.
Ongoing discussions on the role of precedent and improving the quality of jurisprudence in practice.
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