Paylaş | 30 April 2025

The 63rd anniversary of the Turkish Constitutional Court, one of the most long-standing institutions of the Turkish legal system, was celebrated with a ceremony held at the Dolmabahçe Palace in İstanbul.

Among those attending the ceremony were President of the Republic of Türkiye Mr. Recep Tayyip Erdoğan, President of the Council of State Mr. Zeki Yiğit, President of the Court of Accounts Mr. Metin Yener, Minister of Justice Mr. Yılmaz Tunç, as well as presidents and members of constitutional/supreme courts from numerous countries, presidents and members of regional human rights courts, representatives of international organisations, members of Turkish higher judicial bodies, and other distinguished guests.

At the outset of his opening remarks, President of the Turkish Constitutional Court Mr. Kadir Özkaya extended his best wishes to those affected by the 6.2 magnitude earthquake that occurred off the coast of Silivri in the Sea of Marmara.

Stating that the purpose of their gathering was to engage in a meaningful discussion on the rule of law and the advancement of constitutional justice on the occasion of the 63rd anniversary of the Turkish Constitutional Court, President Özkaya noted that in today’s globalised world, constitutional justice was no longer shaped solely within national boundaries, but influenced also by universal legal norms and the jurisprudence of international courts. He accordingly pointed to the cooperation among constitutional courts and higher judiciary of different countries, which was of critical importance for strengthening the rule of law and ensuring more effective protection of individual rights, as well as establishing justice on a global scale.

“Justice is the very foundation upon which life stands”

President Özkaya, stressing that throughout the history of humanity, justice had been recognised as a sacred ideal in both divine teachings and man-made legal systems, also stated “Justice is indispensable for ensuring social peace, order, prosperity, and security. In societies where justice prevails, social peace comes to the fore, and mutual trust among individuals is reinforced. Therefore, justice plays the most pivotal role in maintaining social order and safeguarding individual rights. It is the very foundation upon which life stands and the fundamental prerequisite for the presence and advancement of both the state and society.”

“The scales of justice must always be guided by truth and fairness”

President Özkaya expressed that across the world, in every society, the most vital safeguard of the principles and values constituting the constitutional identity or the common social identity of a society lay in the existence of an independent and impartial judiciary. President Özkaya, noting that such a judiciary could be achieved only through independent and impartial judges, also expressed “The primary responsibility for upholding justice and securing rights rests with judges and prosecutors, who serve as the principal actors within the judicial process. No reason should ever deter judges and prosecutors from upholding the right and lead them to act unjustly. In our view, where justice does not prevail, chaos is inevitable, social order collapses, and individuals begin to perceive their own actions as justified. For this reason, to prevent any disorder, the scales of justice must always be guided by truth and fairness, and justice must be administered in all circumstances. We must never forget that even the smallest deed -good or evil, even being no heavier than a mustard seed- whether hidden deep inside a rock or located somewhere in the heavens or the earth, will one day come to light, and we will be held accountable for it. Accordingly, the day of reckoning will inevitably come, all records will be unveiled, and we will be held accountable for our actions. Therefore, we should be grateful for today, and strive to meticulously preserve and uphold justice and the rule of law in practice.”

“Atrocities must be addressed with swift, courageous and just action”

President Özkaya, stating that all around the world, right before our eyes, wars, injustices, oppression, and inequalities driven by social viruses such as arrogance rooted in power and wealth, intolerance toward different religious beliefs, xenophobia, racism, and discrimination would continue to inflict deep wounds upon the collective conscience, accordingly noted “In this climate, the true value of peace and justice grows stronger with each passing day. Deep global inequalities, severe economic crises, unfair distribution systems, and violations of international law represent the structural roots of numerous challenges from the migration crisis to environmental catastrophes. Unfortunately, the international community often addresses these challenges with temporary solutions, and in many cases, appears to turn a blind eye and a silent conscience to them. However, the atrocities taking place around the world, particularly in Gaza, as well as the violations of human rights and freedoms, and the inhumane treatment of vulnerable individuals, especially women and children, must not be overlooked, nor should they be disregarded by our eyes or our consciences. Atrocities must be addressed with swift, courageous and just action, without discrimination based on race, religion, language, or colour. This is an inherent duty of being human, a fundamental moral obligation. Therefore, all societies must, even under difficult circumstances, strive to strengthen cooperation, rebuild trust, and work towards creating a more inclusive and just world for current and future generations. Let me address the international community with the hope of being heard and met with sincere engagement. As humanity, we must not allow our own actions to drive our collective future into a dead end. We should bear in mind that true and lasting peace can only be achieved in a world governed by morality and justice.”

“Our mission is to preserve the rule of law, as well as fundamental rights and freedoms”

President Özkaya pointed to the significant responsibilities undertaken by the Turkish Constitutional Court, marking its 63rd anniversary this year, in upholding the rule of law and reviewing the constitutionality of legal norms. He stressed that also through the introduction of the individual application mechanism in 2010, the Court continued to apply the universal principles of constitutional justice by safeguarding citizens' rights and freedoms. In this context, he stated “Through its decisions, the Court raises the standard of freedom in Turkish law in line with universal norms. It remains committed to delivering its decisions guided by the voice of conscience within the bounds of the law and based on the principle of objective justice. It maintains this approach in its engagement with both individuals and institutions alike with the aim of reinforcing core values such as justice, the rule of law, and the protection of fundamental rights and freedoms in line with its mandate. In doing so, the Court seeks to respond to the sense of justice among citizens and institutions and to reinforce their confidence in the state and the legal order.

“We are firmly committed to aligning technological transformation with the fundamental principles of law”

Citing the international role of the Turkish Constitutional Court, President Özkaya expressed that the Court was taking an active role in the international legal arena through a range of initiatives in connection with these activities, and it had signed several Memoranda of Understanding with the supreme judicial bodies of various countries, regarding the exchange of knowledge and experience as a fundamental institutional responsibility in light of the universal values of law.

President Özkaya noted that the theme of this year’s symposium was designated as “The Future of Constitutional Justice in the 21st Century” and that the Court was conducting in-depth studies on the application of artificial intelligence within the field of legal practice. He further added “In the period ahead, the Court aims to advance in areas such as the digitalisation of constitutionality review, the development of AI-assisted legal analysis systems, and the prevention of rights violations through big data analytics. As the Turkish Constitutional Court, we are firmly committed to aligning technological transformation with the fundamental principles of law. We remain mindful of our mission to establish a fair and principled balance at the intersection of law and technology, while upholding judicial independence, safeguarding human rights, and preserving democratic values.”

Expressing his sincere hope that our symposium would serve as an influential and illuminating guide for the future of constitutional justice, President Özkaya concluded his remarks with the following verses:

“When Justice and Truth stand side by side,

No task will falter, no step will slide;

When the Almighty’s gaze comes to call,

What happens to the deeds that failed the truth?”