Abstract:

With the 2017 constitutional amendments, the President has been granted the authority to make essential legal arrangements that would shape the state and the executive power with presidential decrees that derive their legitimacy directly from the constitution without relying on any empowering law or law. Presidential decrees, which are a new establishment in terms of Turkish Constitutional Law, should be interpreted according to the Presidential Government System rather than the regulatory procedures of the parliamentary system, and to the legislator will. In this respect, the concept and types of the decree, the legal characteristics, the difference between the decision and the decree and the supervision of the decrees are discussed in this study. In particular, the main obejctive of this paper is to study whether with the primary regulatory power the President has the authority to make arrangements in an reserved regulatory sphere and to compare Presidential decrees with the legal systems of some major countries implementing the presidential system.

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