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Date: April 29, 2024 Mon
Time: 10:57 pm
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Results for judicial reform (turkey)
1 results foundAuthor: Berk, Seda Kalem Title: “Access to Justice” in Turkey: Indicators and Recommendations Summary: The concept of “access to justice” started to become popular in the literature of law in Turkey during the 2000s. One can argue that this might be due to different legal and political reasons and coincides with the acceptance of Turkey’s candidacy for full membership to the European Union. In this context, the justice policies that could be developed from the perspective of “access to justice” will carry importance in the purpose of ensuring that everyone in the society is able to effectively benefit from the justice services. The other front of the matter concerns more directly the legal field. The main themes in this field are defined by the constitutions under headings, such as the protection of fundamental rights and freedom and the right to legal remedy, etc. Traditionally, these headings are included under the study area of the discipline of “procedural law” in modern law systems. However, from a traditional viewpoint of law, even if the abovementioned concepts are included in constitutions, it is also possible to assert that the viewpoint focusing on the technique, style and procedure of the procedural law is always more in the foreground in applications concerning this matter. In human rights law, particularly with the developments taking place in the second half of the 20th century, it can be said that the traditional definition and implementation framework of procedural law has broken with the acknowledgement of the right to fair trial and other related rights, and the efforts for the protection of these rights. Within the context of human rights law, it is essential that a right is granted, protected and exercised, and its development is monitored. This axis, which expresses different functional phases, can be explained with one concept: empowerment. Of course, this is a concept that expresses the empowerment of the subject of the right. In other words, this situation expresses the logic in protecting the rights of a legal person (be it a real or juridical entity) through the law. Establishing the concept of “access to justice” based on the “empowerment” approach will also be one of the important legal, political and social instruments of transition from the traditional to a redefined procedural law that is under the effect of the human rights law. This study by Seda Kalem Berk, titled “Access to Justice” in Turkey: Indicators and Recommendations, can be regarded as the analysis of an impact assessment that is capable of covering all the phases of the abovementioned development and re-definition axis. With this outlook, I can even say that it is an analysis from a social sciences lens, scrutinizing the domain of exercising “the right to legal remedy” and other factors affecting it in Turkey. On the other hand, this study is also an exemplary contribution in terms of the academic change demonstrating itself with social scientists starting to work alongside jurists in areas concerning the law. The author examines the situation of access to justice in Turkey through the cross-sections opened by the headings “Legal Aid”, “Access to Information”, “Interpretation in Courts”, and “Electronic Case Filing.” In a sense, this represents an analysis of the “right to legal remedy” in present-day Turkey and in view of the current social, economic and technological development. In other words, these four headings specify the mechanisms and instruments which should be discussed within the context of the “right to legal remedy” in Turkey and the determination and empowerment of the positions of those who will be accepted as the subjects of these and other connected rights. With this aspect, the study should be read as an analysis into one of the major structural elements of the policy area called “justice reform” or “judicial reform”, that calles for a human-focused approach. Details: Istanbul: Turkish Economic and Social Studies Foundation (TESEV), 2011. 58p. Source: Internet Resource: Accessed July 24, 2012 at: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=135218 Year: 2011 Country: Turkey URL: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=135218 Shelf Number: 125758 Keywords: CourtsCriminal Justice ReformCriminal Justice SystemsJudicial Reform (Turkey) |