The Constitution of 1982 provides further safeguards for the rule of law. One is the non-retroactivity of criminal laws. Article 38 states that 'no person shall be punishable for an act not considered an offence under the law in force at the time the act was committed'. Similarly, 'no person shall be punishable with a heavier penalty than that provided in the law for that offence at the time the offence was committed'. Another safeguard is the principle of 'legal (or natural) judicial process' (kanuni hakim güvencesi) laid down in Article 37, according to which no one can be put trial before a court other than the one previously determined by law. No extraordinary judicial bodies can be established which would lead to the violation of this principle. Finally, 'denial of justice' is specifically prohibited by the Constitution. Under Article 36, no court of law shall refuse to deal with a case within its jurisdiction. All these constitutional safeguards are essential to the maintenance of the legal security of the individual, the underlying principle of the rule of law.
Sayfa 36 - Ergun ÖzbudunKitabı okudu
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