Abstract:

The principles of passing to the “Presidential government model” from the classical parliamentary system with the Law No: 6771 on the Amendment of the Constitution of Republic of Turkey which has held a referendum on a constitutional amendment on April 16, 2016 have been formed. It has been envisaged to abolish bylaws and decree laws with the Constitutional Amendment. On the contrary, the scope of the “Presidential Decree” has been expanded as an essential regulatory process of the executive power by making an amendment on Article 104 of the Constitution. Accordingly, the President may issue a Presidential decree in matters concerning the executive power . In addition to this general authorization given to the President on issuing decrees in terms of executive power, autonomous and fundamental powers have also been recognized with direct decree such as “appointing and deposing ministers and senior public officials”. The limits of these powers and their positions before the law have been specified in Article 104 of the Constitution. The date of entry into force of these amendments has been set as the date of inauguration of the President after the first elections of Turkish Grand National Assembly and the Presidency

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