The judicial review of the Presidential decrees

With the constitutional amendment adopted by the popular vote on April 16, 2017, the President was given the authority to issue presidential decrees on the issues determined in the Constitution, without relying on the law and without the need for a parliamentary decision, with the authority he received directly from the Constitution. The subject of the Presidential decree, its place in the hierarchy of norms, whether there is a reserved regulation area for the issues that are specifically foreseen to be regulated by the Presidential decree are among the most discussed topics in the doctrine. This study aims to examine the scope of the Presidential decrees, to discuss whether it has a reserved area, their place in the hierarchy of norms, the judicial review of the Presidential decrees issued in the ordinary period and in the state of emergency, and to find solutions to the current debates regarding the Presidential decrees, which have a wide range of applications, yet present uncertainties. For this purpose, in this study, the constitutional amendments of 2017, Turkish government system, the Presidential decrees of the ordinary period and of the state of emergency, the presidential decree power in the US presidential system, the decree laws and the decisions of the Constitutional Court regarding the Presidential decrees are mentioned.