The position of the executive in the presidential government system in the context of the separation of powers

With the 2017 Constitutional Amendment, the presidential government system was passed and the basic structure of the 1982 Constitution was changed and an important transformation took place in our constitutional system. In the presidential system, the executive power and duty are entrusted to the president, who is elected directly by the people. With the transition to the presidential system of government, legislative and executive relations have changed significantly. It is foreseen that the elections of the TGNA and the president will be held simultaneously, and it is aimed that the majority of the TGNA and the president have the same political tendency. With the 2017 Constitutional Amendment, the president has been given the authority to issue first-hand presidential decrees on matters related to the executive. However, since the presidential decree is under the law in the hierarchy of norms, it can be said that a war of rules will break out between the TGNA and the president, especially during the divided power period. In the presidential government system, in order to overcome the political crises that may arise within the system, the president and the TGNA have been given the authority to renew the elections mutually. With the 2017 Constitutional Amendment, it is stipulated that if the budget and temporary budget law cannot be enacted, the previous year's budget will be increased according to the revaluation rate until the new budget law is adopted. It is understood that this provision was introduced in order to overcome the possible system congestion, especially in the case of divided power. However, the said regulation renders the budgetary authority of the TGNA dysfunctional. With the 2017 Constitutional amendment, the Council of Judges and Prosecutors was restructured. It is seen that the president has important powers in the formation of the Council of Judges and Prosecutors and this situation has become problematic in terms of judicial independence. With the last constitutional amendment, there has been no significant change in the composition of the Constitutional Court. However, due to the sharp transformation in the government system, the relationship between the Constitutional Court and the president gained a new identity. In this context, the formation of the Constitutional Court is problematic in terms of the independence of the judiciary and the supervision of the executive.