INTRODUCTION TO BASIC
PRINCIPLES AND FUNDAMENTAL CONCEPTS OF LAW
BRANCHES OF LAW IV
BRANCHES OF LAW IV
• In private law, the main topics was the relationships between persons. In other words, in principle, State isn’t part of the private law.
• However in public law, at least one party in relationship is State.
• Since Statecan use public force, it is the powerful party in these relationship. By that
view, it can be said that one of the aims of the public law is to limit the State.
BRANCHES OF LAW IV
• The branches of public law are:
• Constitutional law
• Administrative law
• Tax law
• Procedural law
• Criminal law
BRANCHES OF LAW IV
• Constitutional law is about the foundation of the State, form of the government, main Powers of the State, human rights and the problem of the unconstitutionnality of codes.
• There are some principles of the Constitution:
• «ARTICLE 2- The Republic of Turkey is a democratic, secular and social state governed by rule of law, within the notions of public peace, national solidarity and justice,
respecting human rights, loyal to the nationalism of Atatürk, and based on the
fundamental tenets set forth in the preamble.»
BRANCHES OF LAW IV
• The organs of the State are also topics of the Constitutional law.
• Main three Powers of the State are legislation, execution and judiciary.
• The legislative organ is the GNAT (Grand National Assembly of Turkey). While
executing its legislation duties, it has to be careful about not to breacing Constitution. The
proceudre of the legislatio is regulated in the GNAT bylaws.
BRANCHES OF LAW IV
• The execution organ of the State is the President of the Republic.
• This organ’s main duty is to execute law produced by legislative body.
• The President of the Republic is the head of the State and represents it.
• It is elected via presidential elections.
• The election process is regulated by codes.
BRANCHES OF LAW IV
• The judiciary organ of the State is the courts.
• ARTICLE 138- Judges shall be independent in the discharge of their duties; they shall give
judgment in accordance with the Constitution, laws, and their personal conviction conforming to the law. No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions. No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial. Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.
