Özet:

The power to issue decrees was, for the first time, granted to the Council of Ministers by article 64 of the Turkish Constitution of 1961. As the 1961 Constitution, the 1982 Constitution lays down provisions on the decrees in art. 91 (1) of the 1982 Constitution and the decrees, inter alia, are regarded regulative power of the executive organ of the State. “Regulative scope” of the decrees is stated in article 91 of the 1982 Constitution. Accordingly, with the exceptions of martial law and states of emergency, decrees cannot be issued to regulate the fundamental rights, individual rights and duties included in the first and second chapters and the political rights and duties listed in the fourth chapter of the second part of the Constitution. However, there are no restrictions with regard to social and economic rights and duties which are laid down in the third chapter of the second part of the 1982 Constitution. This study deals with regulating of fundamental rights and freedoms in the ordinary times. In this regard, limits of the decrees, on fundamental rights and freedoms, are touched upon. 

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