Üçünü Dönem İstiklal Mahkemeleri ve Erken Cumhuriyet Döneminde “Erkler” Arası İlişkiler
Journal Title: AURUM Sosyal Bilimler Dergisi - Year 2017, Vol 2, Issue 1
Abstract
The Courts of Independence (İstiklal Mahkemeleri) were established as a part of the “extraordinary conditions” of the war-period in Turkey to prevent desertions. However the Courts were not abolished even after the settlement of the peace and the proclamation of the Republic but maintained to function as guarding the regime. Courts even before or after the Republican regime should be treated as a symbol of the conventional-parliamentary system that the judicial power is concentrated within the legislative power: the members of the courts are nominated and elected by and among the members of the Parliament, court decisions of death penalty are subject to parliamentary approval, etc. In this context, the Courts of Independence causes the jurisdictional power to concentrate in the legislature. However, through the amendment of the governmental system and the security-oriented politics of the period, the judicial power, concentrated in the legislature appears to have shifted to the Council of Ministers: the decision to establish the Independence Court, theauthority to refer to the Court of Independence, etc. In this context, the Court of Independence has become an important means of equipping and strengthening the executive with judicial authorities in this period. The main aim of the study is to grasp relation of powers in the light of the Courts of Independence. In the scope of the study, from 1923 onwards, power relations and the Independence Courts, especially the thirdgeneration Independence Courts, were followed until they were closed in 1927. In the study, the records of the Prime Ministry Republic Archives were used; for the theoretical analysis, TGNA Memorandum and Secret Session Memories and research / review were exploited.
Authors and Affiliations
Aslı YILMAZ UÇAR, Esra DİK
Keywords
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