A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications
Various opinions have been expressed on how law enforcement should be organised. In this context, theses about law enforcement forces being organised together or occurring in different institutions are defended for diverse reasons. However, it is not common to examine this fundamental issue regardin...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2025-05-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7246AEC08D4446BB97380EC00B020D5D |
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| author | Abdülsamet Güller |
| author_facet | Abdülsamet Güller |
| author_sort | Abdülsamet Güller |
| collection | DOAJ |
| description | Various opinions have been expressed on how law enforcement should be organised. In this context, theses about law enforcement forces being organised together or occurring in different institutions are defended for diverse reasons. However, it is not common to examine this fundamental issue regarding law enforcement from the perspective of constitutional law. This study aims to examine the aforementioned debate from a different perspective by examining some of the decisions of the Constitutional Court during the practices of individual application, which is a tool of the constitutional jurisdiction. As a result of the examination of the individual application decisions, it can be determined that the judicial police could not conduct an adequate and effective investigation of the incidents in which the administrative police officers were suspicious. After discussing these decisions in detail, it is concluded that the separate organisation of the judicial and administrative police will be extremely beneficial in terms of conducting an independent and effective investigation and thus protecting constitutional principles. |
| format | Article |
| id | doaj-art-34af6b8f97f14d808765318dfaa14228 |
| institution | OA Journals |
| issn | 2667-6974 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-34af6b8f97f14d808765318dfaa142282025-08-20T01:51:07ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742025-05-0183123728510.26650/mecmua.2025.83.1.0002123456A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual ApplicationsAbdülsamet Güller0https://orcid.org/0000-0003-0744-3528Hacettepe Üniversitesi, Ankara, TurkiyeVarious opinions have been expressed on how law enforcement should be organised. In this context, theses about law enforcement forces being organised together or occurring in different institutions are defended for diverse reasons. However, it is not common to examine this fundamental issue regarding law enforcement from the perspective of constitutional law. This study aims to examine the aforementioned debate from a different perspective by examining some of the decisions of the Constitutional Court during the practices of individual application, which is a tool of the constitutional jurisdiction. As a result of the examination of the individual application decisions, it can be determined that the judicial police could not conduct an adequate and effective investigation of the incidents in which the administrative police officers were suspicious. After discussing these decisions in detail, it is concluded that the separate organisation of the judicial and administrative police will be extremely beneficial in terms of conducting an independent and effective investigation and thus protecting constitutional principles.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7246AEC08D4446BB97380EC00B020D5Dadministrative policejudicial policeorganisation of law enforcementindividual applicationeffective investigation |
| spellingShingle | Abdülsamet Güller A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications İstanbul Hukuk Mecmuası administrative police judicial police organisation of law enforcement individual application effective investigation |
| title | A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications |
| title_full | A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications |
| title_fullStr | A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications |
| title_full_unstemmed | A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications |
| title_short | A Different Approach to Law Enforcement Discussions in Turkiye: Evaluation of The Separate Organisation of The Judicial And Administrative Police Considering The Constitutional Court’s Decisions on Individual Applications |
| title_sort | different approach to law enforcement discussions in turkiye evaluation of the separate organisation of the judicial and administrative police considering the constitutional court s decisions on individual applications |
| topic | administrative police judicial police organisation of law enforcement individual application effective investigation |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/7246AEC08D4446BB97380EC00B020D5D |
| work_keys_str_mv | AT abdulsametguller adifferentapproachtolawenforcementdiscussionsinturkiyeevaluationoftheseparateorganisationofthejudicialandadministrativepoliceconsideringtheconstitutionalcourtsdecisionsonindividualapplications AT abdulsametguller differentapproachtolawenforcementdiscussionsinturkiyeevaluationoftheseparateorganisationofthejudicialandadministrativepoliceconsideringtheconstitutionalcourtsdecisionsonindividualapplications |