Evaluation of The Regulations For Judicial Independence and Impartiality in Terms of Turkish Law and Roman Private Trial System
Öz
If the law should not be applied as the rules introduced by legislators and behavior contrary to the rules of law are not controlled in a legal system which is based on justice, then the question whether the law is fair comes to the mind. During the Roman Empire, it was assumed that such control could be possible by means of procedural law rules and judicial bodies as it is today, and at the present time judge who was called as iudex by Romans is assigmed and authorized for the resolution of disputes. The aim of this study is to evaluate independence and impartiality of the judiciary, as it means today, in terms of Roman justice and around topics such as general features and changes of the private trial system which applied from the founding of the Roman state, selection appointment and qualifications of judges (iudex) in Rome. Thus Roman law rules which are indirectly considered to be related to judges’ (iudex) impartiality and judicial independence would be compared with the rules of our legal system related to judicial independence and would be able to draw some conclusions
Anahtar Kelimeler
Roman law, Turkish law, judiciary, the independence of the judiciary, impartiality of the judge
Kaynakça
- Barak, Aharon. The Judge in a Democracy , Princeton University Press, 2. baskı, Princeton, 2008.
- Berger, Adolf. Encyclopedic Dictionary of Roman Law, Transactions of the American Philosophical Society, New Series, (333-809), Vol. 43, No. 2, 1953.
- Boran Güneysu, Nilüfer. Medeni Usul Hukukunda Karar, Adalet Yayınevi, Ankara, 2014.
- Centel, Nur. Avrupa İnsan Hakları Sözleşmesine Göre Mahkemelerin Bağımsızlığı İle Tarafsızlığı ve Türk Hukuku, Prof. Dr. Nurullah Kunter’e Armağan, Beta Yayınevi, İstanbul, 1998.
- Cicero, Marcu Tullius. Pro. P. Sulla Oratio, Çev. D.H. Berry, Cambridge University Press, Cambridge, 1996.
- Crook, John Anthony. Law and Life of Rome, Cornell University Press, New York, 1967.
- Declareuil, Joseph. Rome The Law Giver, Alfred A. Knopf, New York, 1926.
- Di Marzo, Salvatore. Roma Hukuku (Çev. Ziya Umur), İÜHF Yayınları, İstanbul, 1959.
- Gönenç, Levent. Yargının Bağımsızlığı ve Tarafsızlığı, TEPAV Anayasal Çalışma Metinleri, 2011.
- Güneysu, Gökhan. Avrupa İnsan Hakları Mahkemesi Kararları Işığında Hakimin Tarafsızlığı, Ankara Barosu Uluslararası Hukuk Kurultayı, 2012.