Separation of powers and the presidential decrees

With the principle of separation of powers, while dividing the state functions into three bodies as legislative, executive and judiciary ensure also the limitation of power and the security of individual freedoms. However, the complete separation of state functions is not possible in practice. As a result of the need for rapid decision-making on economic and social issues, the executive branch has been given the opportunity to establish a number of decrees having the force of law. Even though the regulatory procedures of the executive should be based on the law, the executive body is provided with the possibility of first-hand transactions, by the means of the decrees having the force of law. In Turkish law, both the decrees having the force which were implemented before the constitutional amendment 2017 and the Presidential decrees entering the force after the constitutional amendment 2017 are the legislative procedures according to the criterion of the nature of the transaction. Therefore, it is important to determine the qualifications and limits of these enactments. In this study, the reflection of the legislative and executive relations on the government systems within the framework of the separation of powers will be examined. The aim of the study is also to analyse the legal nature of the decrees having the force of law were applied until the constitutional amendment 2017 and the presidential decrees which are applied after the constitutional amendment based on the fundamental reasons and criticisms of the principle of the separation of powers. Key Words: Separation of powers, legislature, executive, decree having the force of law, presidential decree.