Structuring of the judiciary
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Date
2012
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info:eu-repo/semantics/closedAccess
Abstract
Today, the judiciary independence is one of the fundamental constitutional issues discussed by countries whose democracy is developed or developing. In democratic regimes, the judiciary legitimacy allows her to be independent and impartial. The judiciary independence means the constitutional protection in order to keep the judges away from all kinds of pressure and interference at the stages of assigning to the duty, executing it, and separating from the job. The principle of the state of law requires the judiciary to be independent from other powers. Therefore, independent boards have been created to ensure the judiciary independence in many countries of the world, and the method, which the important decisions in terms of professional career of judges and implementation of them will be realised by this committee, was adopted. On the other hand, danger of injury of the judiciary independence may occur during the formation of these councils. As a solution to this problem, a significant majority of international documents directly or indirectly relevant with the judiciary independence to prevent the occurrence of this danger accepts that it is necessary for the essence of democratic legitimacy of the council that board members should be elected by the judiciary and the parliamentary. © EuroJournals Publishing, Inc. 2012.
Description
Keywords
Constitution, Democratic legitimacy, Judiciary
Journal or Series
European Journal of Social Sciences
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Scopus Q Value
N/A
Volume
32
Issue
2
