Irak Anayasaları'nda Yargı Organı (original) (raw)

2010, Irak Anayasaları'nda Yargı Organı

ABSTRACT “Basim M. ARYAN”, Judiciary Power in the Iraqi Constitutions, Master's Thesis, Ankara “2010”. The Iraqian courts which under British mandate were established on 28 November 1917. The Iraqian and British judges worked together on the foundation and starts of these courts. The law of legal procedures trial has arranged the judges‟ duties and types of courts. Later, judicial law regulation had came which consider the work of judges. The so called law was based on the texts that Iraqian articulated constitutions in 1925, 1958, 1963, 1964, 1968 and 1970 with the legal independence principle on the compatible framework in these periods. Actually, the power of Iraqian judiciary even involved the government decisions. But, the action in contrast to that principle put the courts under the control of government with various excuses. Transitional period, revolution periods and so called government based further grounds were the mainly excuses. Thus, judges and judicial council were subjected to Ministry of Justice. Despite The Law on State Administration in 2004 with a permanent constitution to define the independence of the judiciary in 2005 and the foundation of Supreme Judicial Council, the courts still need some law and regulations to carry complete work. Justice of the judicial system is relevant to the independence of the system. All of these issues on justice depend on the fairness, perception and interpretation the text of the law of judges. The interpretation should be reconciled with the spirit of the law and should be aimed justice in case people don‟t be insufficient in their daily life potential positions and dangers. The contents of the text of the law should be attempted to understand, the judicial process should be developed, the independence of the judicial decision should be ensured and this independence should be deepened well in order to be useful on behalf of the Iraq‟s judicial reform process. Indeed, during the period of the dictatorship Iraq judiciary has received major injuries and deep cracks were formed within. For this reason, we should gain the 118 confidence of Iraqi citizen to the judiciary again. Supreme Judicial Council by providing effective and beneficial individuals, to appoint competent judges, away from ethnic discrimination and by winning back system's dictatorial regime for pre-owned prestige for clean and spotless judicial, now should take place in the process of reform In our study in the boundaries of a master thesis, historical development of the judiciary in Iraq, judicial independence and judge assurance; judicial independence and judge assurance in the 2005 Iraqi Constitution and judicial organization have been try to explain. KEY WORDS 1. Constitution 2. Iraq 3. Judicial Independence 4. Judicial Control 5. Judge Assurance