Supreme Court Judgement


INTRODUCTION

Democracy has been subjected to different interpretations in time and has been perceived in various ways. However, it is crucial to state that; conception of the state of law is an indispensable complement of democracy in contemporary democracy interpretation.

Primarily, the state of law is a state by which political power is restricted. When we say the state of law, it is understood “the state which adheres to laws”. However, it does not mean “ruling state”. Non-democratic constitutional state is also a ruling state. In an absolute majority state, the just purposes of laws and fair practices are dependent on the will of government.

Nowadays, contemporaneousness of countries is measured with the progress of becoming the state of law. It is not possible to mention about the state of law where there is no justice and it is also not possible to mention about existence of rights and freedom and assurance of them where there is no state of law.

State of law is also argued by the constitutional court and based on the judgement given by the court, it is emphasized the importance of loyalty to laws by all governmental institutions under the name of rule of law principles. Constitutional court has defined the state of law as each action and operation is legal, it respects to human rights, it protects and strengthens these rights and freedom, it establishes, improves and maintains a law order in every field, it avoids situations and attitudes contrary to the constitution, it dominates the law in every governmental institutions, it is bound by constitutional and rule of law, it is open to judicial review, it is aware of being overruled when it becomes distanced to basic law principles and existence of constitutional laws which cannot be disrupted by legislators.

In modern democracies, the state of law is considered as the basis of democracy. Audit of rulers by independent judgment and an institutionalized fundamental rights protection is a requirement of the state’s legitimacy. In the state of law, all governmental institutions must act accordingly to laws and no matter the position; no one can be above the law.

From Aristoteles to our days, there is a common sense of judicial independence which is a compulsory element for the existence of the state of law. Justice must especially be independent against execution.

Read More