Abstract:

The military coup, subject to the mentality of the chain of command embraced by military profession, thus is violent in its act and the rhetoric, is an intervention to social and political arena. This intervention halts and reverses the process of democratization of societies. In the countries where military coups were experienced once, politics and government are under claws of possible coup d'etat. This possibility stored in the memories of the individuals: The effects of military coups are not only stored in memories but also stored in the most important texts regulating the social field: the constitutions. In Turkey, the constitutions are results of the coups. These constitutions, contains the regulations that strengthen the autonomy of the architects’ of the coups, the military against the society. The military, subject to different application in many aspects such as education, health, shelter and personal regime, created/made to create constitutions lay down the basis of the institutions of military jurisdiction. In this way, military has autonomous judiciary, which has the ability to control the others from legislative, executive and judiciary, fundamental powers. The military bureaucracy produced military jurisdicial legislation and institutions across civilian jurisdiction in the aftermath of 1960 and 1980 coups. In this study, it is explained how military judicial institutions formed after the 1960 coup d'etat, the 1971 intervention, the 1980 coup d'état and the 2016 coup attempt. It has been observed that the military has expanded the field of autonomy against the civilian bureaucracy, creating institutions that will strengthen some judicial field activities.

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