The current state of the judiciary

The anniversary of the Turkish Council of State (Dan??tay) was dodged with a low-profile ceremony this year. The ban on the press was just not appropriate for this high court. I would have personally wanted to listen to Dan??tay head Zerrin Güngör, hearing her voice, observing her actions. That was not possible; I only read her speech. 

We always swing from one extreme to the other. Thanks god we have overcome the old sanctimonious judicial mentality looking down on the executive and legislative bodies. But now, a "harmonious" judiciary has come out, which is being scolded by the executive, which is being brought in line by the "jigsaw puzzle laws" of the legislature. 

When the judiciary has "guidance," regardless of whether it is bureaucratic or political, it kills the entire justice system. 

The Dan??tay head stressed fundamental concepts such as the independence of the judiciary and impartiality. "It should not be forgotten that a judiciary that cannot preserve its impartiality will draw the rage and reaction of society," she said.

She was indeed pointing to a reality in the constitutional theory when she said our constitution has adopted a cooperation and balance between powers. However, she made her own interpretation, defining the principle of separation of powers as "cooperation and harmony." This is quite problematic in practice in Turkey. 

The government has passed laws restricting applications to administrative justice and to the Dan??tay. It made laws shrinking the Dan??tay's jurisdiction. They made laws granting power to the executive body to postpone certain verdicts. Some of these laws were overturned by the Constitutional Court but others are still there. 

What was expected from the head of the high...