Presidential decrees and their place in the hierarchy of norms

With the amendments made to the 1982 Constitution with the Law No. 6771 in 2017, a transition to a new government system was made. The new government system was called the Presidential Government System, there were also changes in the structure of the executive, and the executive power and duty were now arranged as belonging to the President. Decrees law, which became a part of our Constitutional Law in 1971, now appears in a new form with the amendment made in 2017. This new form, which is widely discussed in doctrine and practice, is the main subject of our study. In this study, it has been tried to focus on the Presidential Decrees, which are among the regulatory acts of the executive, and the emergency decree laws that the President can issue in extraordinary periods. While investigating the legal basis of the President's authority to issue decrees, it also has tried to analyze its place in the hierarchy of norms, also known as rules. In the first part of our study, the definition of the hierarchy of norms, its appearance in our domestic law and how it was structured before the 2017 Constitutional amendment, were studied.In the last part of the first part, the constitutional duties and powers of the executive have been tried to be conveyed to the reader by examining the relationship with the legislative. In the second part of our study, Presidential decrees and Presidential regulations, as well as the President's authority to take regulatory action, as a result of the amendments made with the Law No. 6771, were examined. An evaluation has been made on opposing views on whether the Presidential Decrees, which is another of the debates that emerged with the new system, have a reserved regulation area. While making the aforementioned evaluation, it has also been tried to clarify the subject with examples on democracy and comparative legal systems. For this purpose, in parallel with the method followed in the second part of the thesis, an evaluation has been made on how the hierarchy of norms will be formed as a result of the new system. In the last part, an analysis has been made by including the opinions on the judicial review of the Presidential decrees in terms of ordinary and extraordinary period decrees and the cases of the Constitutional Court.