Presidential decrees in comparative constitutional law and Turkish law

Decrees are regulations which have force of law like statutes adopted by parliaments, or regulations which do not have the same legal force like statutes adopted by parliaments but superior to administrative regulations. In this study, presidential power to issue decrees is analyzed in a comparative manner. Within this context, constitutions, judgments and other related topics from different states are addressed. According to this research, the most common type of presidential decree in comparative constitutional law is designed to meet urgent needs. Nevertheless, presidential decrees could also be used as means of by-passing parliaments particularly in presidential and semi-presidential systems. Besides the direct effects caused by provisions concerning decrees, both functions are shaped by other presidential powers and institutional factors as well. In light of these, it could be said that, decree powers of Turkish President, which are reshaped after the latest constitutional amendments in 2017, do not share many similarities with comparative models. Although emergency decrees in Turkish Constitution have the potential to meet urgent needs, it is difficult to say the same for ordinary decrees. They also lack capability to create room for maneuver in case of conflict between the parliament and the president.