The Judicial Branch

Updated April 2026

Judicial power in Türkiye is exercised by independent and impartial courts on behalf of the Turkish Nation. The judiciary rests on the principles of the independence of the courts and the security of tenure of judges and public prosecutors (Constitution, Arts. 138–140).

Foundational principles

Judges decide cases according to the Constitution, statute, and legal precedent, free from instruction by any organ of the state. Article 138 prohibits any organ, authority, office or individual from giving orders or instructions, sending circulars, or making recommendations or suggestions to courts and judges relating to a pending case. Article 138 further requires the legislative and executive organs and the administration to comply with court rulings without delay or alteration.

Two-track structure

Following the 2017 amendments, Türkiye operates a unified civil judicial system. The previously separate military court system — including the Supreme Military Court of Appeals (Askeri Yargıtay) and the Supreme Military Administrative Court (Askeri Yüksek İdare Mahkemesi) — has been abolished, and its jurisdiction transferred to the civilian courts.

The civilian system has two principal branches:

• Judicial (civil and criminal) jurisdiction. Hears civil, commercial, and criminal cases. Topped by the Court of Cassation (Yargıtay).
• Administrative jurisdiction. Resolves disputes between individuals and the administration. Topped by the Council of State (Danıştay).

The high judicial bodies

A separate page on this site, Higher Courts, treats each of the supreme bodies in detail. In summary:

• Constitutional Court (Anayasa Mahkemesi) — reviews the constitutionality of laws and Presidential Decrees and rules on individual applications alleging violations of fundamental rights.
• Court of Cassation (Yargıtay) — the court of last resort for civil and criminal cases.
• Council of State (Danıştay) — the highest administrative court and consultative body on administrative legislation.
• Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi) — resolves conflicts of jurisdiction between the judicial and administrative orders.
• Court of Accounts (Sayıştay) — audits public revenues and expenditures on behalf of the TBMM.

The Council of Judges and Prosecutors (HSK)

Renamed by the 2017 amendments from the “Supreme Council of Judges and Prosecutors” (HSYK) to the Council of Judges and Prosecutors (Hakimler ve Savcılar Kurulu, HSK), the body is the administrative organ of the judiciary, responsible for the appointment, transfer, promotion, and discipline of judges and prosecutors.

The HSK has 13 members (reduced from 22):

• The Minister of Justice (chair)
• The Deputy Minister of Justice (ex officio)
• 4 members appointed by the President of the Republic
• 7 members elected by the Grand National Assembly with a qualified majority

HSK members serve four-year terms and cannot be re-elected immediately to a successive term.

The Supreme Election Council (YSK)

Although it forms part of the judicial branch by virtue of its composition (members are senior judges of the Yargıtay and Danıştay), the Supreme Election Council performs a specialised function: the supervision and adjudication of all elections and referendums.

What changed in 2017