Separation of Civil and Judiciary Task of Assemblies in Provinces Cover Image

Osmanlı’da Taşra Meclislerinin Mülkî ve Hukuki Görevlerinin Ayrılması
Separation of Civil and Judiciary Task of Assemblies in Provinces

Author(s): Kadir Acar
Subject(s): Politics / Political Sciences, History, Law, Constitution, Jurisprudence
Published by: SD Yayınevi
Keywords: Provincial Governance; Ottoman; Administrative; Law; Assembly; Province;

Summary/Abstract: As tax-collectors (muhassıl) was abolished in 1842, Tax-collector assemblies (muhassıllık meclisleri) were converted into the country assemblies (memleket meclisleri). According to the directive of 1849, the task of State Assemblies was enforcement of Tanzimat, property reform, financial administration, public order, administration and proceedings on zoning (public improvement) matters, and enforcement of the law. Authority of governor was restricted. In 1852, the authority was increased by giving them back some of their past authorities. In 1849, governor together with Grand Assembly was mentioned as the authority of the sanjaks; however, in 1849, governor was mentioned as the authority of head of the sanjack, head of the finance, head of the kazas, and other officials. As for the judging authority of the assemblies; the authority was given to the tax-collector assemblies by the Criminal Code, published in 1840. The judging authority of the country assemblies was continued as the Tax-collector assemblies were converted into the country assemblies. Afterwards, by the new laws, the judging authority of the canonical (şer’î) courts were restricted and transferred to assemblies as administrative bodies. This continued with some amendments made in 1863, until Danube Province was founded in 1864. That the officials of assemblies had both civil and judging authority at the same time caused some problems and discrepancies. Thus, the civil and judging authorities were separated in provinces by the Vilâyet Regulation of 1864 and two separate assemblies were constructed. Law assemblies with the name of appeal and crime (temyiz-i hukuk ve cinayet) assemblies and case (de‘âvî) assemblies were set in vilayets and sanjaks, respectively. That the officials of assemblies had both civil and judging authority at the same time. Caused some problems and discrepancies. Thus, the civil and judging authorities were separated in provinces by the Vilayet Regulation of 1864 and two separate assemblies were constructed. law assemblies appeal and crime (temyiz-i hukuk ve cinayet) assemblies and case (de‘âvî) assemblies were set in vilayets and sanjaks, respectively. The members of these assemblies which were under the chairmanship of judges were elected from both Muslims and Nonmuslims. Therefore, the country assemblies, whose judiciary authority was transferred to these assemblies, were turned into administrative assemblies. Keywords: Provincial Governance, Ottoman, Administrative, Law, Assembly, Province

  • Issue Year: 1/2016
  • Issue No: 2
  • Page Range: 23-42
  • Page Count: 20
  • Language: Turkish