Impartiality of the Judiciary

Abstract

At the opening ceremony of the Turkish Justice Academy’s 2007-2008 academic year, the Chief Justice of the Court of Cassation (Yargıtay) challenged the prospective judges: “The main component of judgeship is impartiality. However, you will be partial in your decisions to protect and sustain the Republic of Turkey. If we are here today, it is because of the rights secured by our Republic. You should, and have to, know that the Republic form of government is the most appropriate regime suitable for human dignity and honor. You will be partial to claiming ownership of a democratic and secular system and the rule of law; you will be partial to owning our crescent and star flag, and to raising the flag even higher. You do not have the luxury of being impartial to these issues”. While emphasizing the principle of impartiality, the Chief Justice was pointing to the boundaries of this principle. When the problems of the judiciary are at issue, the independence of the judiciary and ethical principles are the two values mentioned most frequently; however, treated like an orphan child, the principle of impartiality is rarely mentioned. What does the principle of impartiality mean? Are there any limits to the principle of ethical impartiality?