Presidential decree in the context of the principle of legality in administrative law
2020
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Danışman: Dr. Öğr. Üyesi Fatma Didem Sevgili Gençay
Özet (EN)
This dissertation entitled "Presidential Decree in the context of the Principle of Legality in Administrative Law" discusses the constitutional scope and legal nature of a Presidential Decree, as included in the Constitution as a new form of legal enactment, as well as its place in the hierarchy of norms, by taking into consideration different perspectives on the doctrine. Law No. 6771 on the Amendment of the Constitution has not only brought about a change in the system of government, but has also led to a radical shift and transformation of the executive power of the Constitution. As one of the major consequences of this change, certain administrative bodies under legality assurance can now only become organized subject to the regulative power of Presidential Decrees. To this end, Presidential Decrees have been analyzed with reference to the concepts of "law" and the "establishment of administration", which are among the elements under the principle of legality in administrative law. The study concludes with a number of observations and remarks regarding Presidential Decrees, against the backdrop of the fundamental principles relative to the legislative and executive functions where they intersect with the principle of legality in administrative law.
Yazar
Betül Merve Yılmaz
Bu Yayına Nasıl Atıf Yapılır
Betül Merve Yılmaz (Master Thesis). Presidential decree in the context of the principle of legality in administrative law, 2020, Bursa Uludağ Üni̇versi̇ty.
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Lisans
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