Comparative Essay Turkey and Spain

Turkey

Turkey is a republican parliamentary democracy and constitutional state. It is also the only secular democracy where the majority of the population is Muslim. In a system run by a parliamentary democracy the ministers of the executive branch are drawn from the legislature. In addition, the executive branch is accountable to the legislative branch. This system dictates that the head of government. While Turkey is a parliamentary democracy, the United States is a presidential democracy. In a presidential democracy system of government the executive branch exists and presides separately from the legislature.

The Turkish court system is comprised of constitutional courts, administrative courts, and military courts. There is also a division of courts within the United States. Both the state and federal courts in the US have appellate and supreme jurisdictions. Like the Supreme Court of the United States, the constitutional court in Turkey reviews the constitutionality of laws and decrees. However, such requests are at the request of the president or by a one-fifth vote of the members of the National Assembly. While in the United States the Supreme Court may grant to any party who has legal standing a writ for judicial review in order to determine whether the challenged laws are constitutional.

The Turkish Court of Appeals (also known as the Court of Cassation) is the court of last instance for review of decisions and verdicts of lower-level judicial courts, both civil and criminal. Its members are elected by secret ballot by senior judges and public prosecutors. Below the Court of Appeals are the ordinary civil and criminal courts. At the lowest level of the judicial system are justices of the peace, who have jurisdiction over minor civil complaints and offenses. Single-judge criminal courts have jurisdiction over misdemeanors and petty crimes, with penalties ranging from small fines to brief prison sentences. Every organized municipality (a community having a minimum population of 2,000) has at least one single-judge court, with the actual number of courts varying according to the total population. Three-judge courts of first instance have jurisdiction over major civil suits and serious crimes. Either of the parties in civil cases and defendants convicted in criminal cases can request that the Court of Appeals review the lower-court decision.

The United States is governed by a system of federalism whereby there is a separation of powers between the State and Federal courts. Both US state and federal courts have lower courts, appellate courts and Supreme Court jurisdictions. The lower courts generally try and review the initial complaints. While the Turkish appellate courts are the last instance for review and decision, the US appellate courts are the intermediary courts and decisions from these courts may be overturned or upheld by the Supreme Court of that