The relationship between the legislative and executive since the ‘’Turkish type of presidential system’’ (original) (raw)
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2nd International Conference on Economics Business Management and Social Sciences, 2017
There are many debates on the "presidential system" that propose radical changes in the Turkish administration system. Such discussions take its source from the dichotomies of the "powers union-powers separation" and the "presidential system-parliamentary system". Until the constitutional amendment proposal of 10 December 2016 in Turkey the debate on the government system in Turkey has been publicized by the name of "presidential" or "Turkish type presidential" system, leading to the fact that the Turkish presidential system is in the presidential system category in terms of government systems based on separation of powers. However, in the text of the constitution proposal, many articles on the relationship between legislative and executive reminiscent of the parliamentary system. The aim of the study here is to show in what category the presidential system is related to the legislative-executive relations, from the general literature of constitutional law and politics. Keywords: Turkish presidency system, Presidency system, Parliamentary system, Turkey
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The new form of government has significantly transformed the executive power in Turkey. The legislative and the judiciary organs are mostly affected by the alterations but not in a good way. Since the system has supremely transformed the executive and its transactions. Forms of government cannot be identified merely by examining the structure of legislative and executive organs and their interrelations. In addition the new so-called Turkish presidential system does not adapt to the existing definitions and element well known sustainable forms of government. As the first the system will be described generally based on patterns of different presidentialism. Many researchers point out that the President in the new system is more powerful than those in pure presidential systems. It is noted that there are presidents in hyper models who are more potent than those in pure presidentialism. In this regard, the system will be analysed based on the President's powers since it cannot be defined through traditional methods and elements of pure presidential system. The powers of the presidents in the pure and hyper presidential models will be compared with the President's powers. The aim is to determine whether there is a well-found president with extreme powers as claimed theoretically. Finally, while discussing the framework of the system, the recent debates on the form of government and the President's several disputable powers will be analysed.
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The long-standing government system discussions in Turkey have gained a legal dimension with the AK Party and MHP agreeing on a new government system and have been accepted by the people on 16 April 2017 in a referendum. The system of the presidency of the republic, which was first introduced in the June 24th general elections; although it rises up on the presidential plan fundamentals, it is seen that it aims to remove political and administrative crises which both presidential system and parliamentary system create in practice. With basic features, Presidential Government System produces solutions unique to Turkey to the problems in parliamentary and presidential systems in terms of legislative-executive relations and in this respect it differs between government systems. Therefore, after explaining the basic features of the presidential system and the presidential government system, it is emphasized to what extent new system can produce solutions to the problems seen in the new presidential system that puts a deadlock in the relations between powers.
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