LEGISLATIVE IN THE PRESIDENTIAL GOVERNMENT SYSTEM FROM THE PERSPECTIVE OF THE SEPARATION OF POWER


Turkey has passed the Presidential Government System on the legal ground with the referendum of 16 April 2017 and de facto with the elections of 24 June 2018. One of the most debated issues before and after the new system was the separation of powers, one of the most important elements of the Republican regime. The separation of powers, which means the separation of legislative, executive and judicial powers, is a requirement of the rule of law. Therefore, the government system change how the state powers evaluate their new position and powers is very important. Turkey, which has more than a century of experience in parliamentary systems, evaluated all aspects of legislative position and powers in the new system. The execution, previously out of the legislature, the determination by the public has drawn a clear line between the two powers. However, what makes the system “Turkish type” the president is the party leader at the same time or maintains its relationship with the party. This situation casts a shadow over the separation of state powers. In this study, in the new system, the parliament is dealt with both in terms of separation of powers and in terms of duties and powers. The new position of the legislature has been assessed within the principle of separation of powers. In this study, the situation of the parliament before and after the change of the government system was compared. Thus, it is aimed to reveal the dimensions of the change more clearly. In this context, understanding the new position and power of the legislative power is another objective of the study. The aim of the study is to clearly demonstrate the visibility of the legislative power, which is vital for democracy, in the new system.


Keywords


Legislative, Parliamentary System, Presidential Government System.

Author : İsmail DURSUNOĞLU
Number of pages: 1225-1238
DOI: http://dx.doi.org/10.29228/TurkishStudies.40014
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Turkish Studies-Economics,Finance,Politics
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