Legal regime of Presidental Decrees in the context of the executive's derivative regulatory authority

With the constitutional amendment adopted in the referendum held on 16 April 2017 and the Presidential election held in 2018, the parliamentary system was abandoned and the Presidential Government System was adopted. With the new system, the President has become the sole actor in the executive and as a result, has gained the authority to carry out administrative regulatory actions in general in the process of public policy formation. The President exercises his/her authority to carry out regulatory administrative acts under the name of Presidential Decree, which was also present before the amendment of the 1982 Constitution. However, in the new system, unlike the previous ones, the President was given the authority to issue Presidential Decree in the force of law during the state of emergency. With the new system, the area of application of the Presidential Decree issued in ordinary periods has expanded incomparably with the old system. The regulatory power granted to the executive with the Presidential Decree has evolved in a different direction in terms of quality. The expansion of the regulatory areas of Presidential Decrees has also led to the granting of the President of the Republic of such general regulatory powers for the first time. As a result of these granted powers, there have been some changes in the legal nature and hierarchical position of Presidential decrees. In the light of these regulations, it has become inevitable to pave the way for judicial review of Presidential Decrees. In this study, the reasons for the Constitutional amendment in 2017, the content of the new government system, its powers, its relations in the context of the legislature and the executive will be analyzed and compared with the presidential system. The definition of Presidential Decrees that come into our lives as a tool of implementation will be made, their types will be examined, their legal regimes will be determined in a hierarchical sense and their judicial control will be examined.