An evaluation of Presidential Government System in the context of the state of law in terms of seperation of forces
2023
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Advisor: Prof. Dr. Mustafa Oral
Abstract (EN)
The Constitutions, which form a framework within the scope of the relations and roles between the organs that fulfill the legal functions of the state legal entity, which is the oldest and most complex organization in the history of humanity, are generally formulated within the scope of the legislative, executive and judicial powers, and in the same context, the functions of the forces that crystallize the use of political power are also discussed within this framework. Apart from the special situation of the judiciary, the use of legislative and executive powers, the relations between them and the roles they assume form the basis for the categorization of government models as a general approach, and also serve as a criterion in the relevant classifications. When we look at the subject in the context of Turkey's experience, we see a story of nearly 150 years experienced with the first Turkish Constitution, 1876 Kanun-u Esasi, and then 1921, 1924, 1961 and finally the 1982 Constitution, which underwent significant changes in different dates. This period; It also includes the different appearances and basic features/characteristics of the government systems introduced with the 1982 Constitution, and the process until the current Presidential Government System. In terms of Turkish constitutional history, it can be clearly seen that the powers are positioned quite differently from each other within the framework of past constitutional experiences. A striking point in this process leading to the presidential system is that the system is constantly undergoing changes in the direction of strengthening the executive power in the context of the rule of law and within the framework of the separation of powers. The main purpose of this PhD thesis is to make an evaluation of the Presidential Government System, which was established by abandoning the parliamentary system within the scope of the constitutional amendment in 2017, and which is still being discussed in the context of its shortcomings and implementation, and which is still under construction/development with criticisms and suggestions, in the context of separation of powers, and in terms of the points criticized to come up with concrete recommendations.
Author
Dr. Mustafa İşık
How to Cite
Mustafa İşık (Doctorate thesis). An evaluation of Presidential Government System in the context of the state of law in terms of seperation of forces, 2023, Aksaray University.
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