Attorneyship is independent by reason of its nature and is the most independent constituent element of independent judiciary system. Therefore, the independence of attorneys is secured under the Constitution. Intervening with the bar association members’ election, in an independent and democratic manner, of their presidents and damaging their independence goes against the Constitution and judiciary independence.
Without a doubt, the Constitution is binding on the judiciary and executive organs, political parties, which are also Constitutional institutions, leaders of political parties and other members, and members of Parliament members regardless of their political party. Any proposed amendment to the number of delegates designated in the Attorneyship Act in a manner which favours attorneys who are members of provincial bar associations with few members, and which thus further deepens the existing gap rather than eliminating the injustice against attorneys practising in large cities, would be an amendment against the Constitution. The drafting and enacting of such an amendment, despite this having been found by the Constitutional Court’s decisions dated 1991 and 2002 to be against the Constitution, must be annulled, and such an amendment should be regarded as a violation of the Constitution as well.
