The Presidential Government System under the separation of forces theory

Constitutions that determine the structure and functioning of states express the highest legal status. While constitutions constitute the basis of decisions to be made regarding the fate of the society, they also have an aspect such as being the road map of the state. However, the existence of a constitution alone is not sufficient for the democratic society that countries aim to achieve. This is because, besides reflecting the will of the society, this legal document must prevent the arbitrary practices of the government in order to dominate human rights and freedoms and democracy. This statement, which is defined as constitutionalism, can be realized with the application of the separation of powers principle that Montesquieu brought to the law world. Countries can adopt different government models in terms of management style. The parliamentary system, semi-presidential system and presidential system, which are known as democratic and are the most applied government systems, remain as a basic criterion. Every country naturally wants to implement a system that can meet the demands of the society and operate democracy in accordance with its own cultural and social structure. In our country, this preference has been used for a long time in favor of the parliamentary system. However, many changes have been made on this system since it could not respond to the needs. The change in question was gathered at the point of further strengthening the executive. Ultimately, with the latest constitutional amendment, the parliamentary system was completely abolished and the Presidential system was introduced. The new system brought discussions with it. In this study, criticism and discussions about the new system and the level of application of the separation of powers principle have been examined. Keywords: Presidential Government System, Separation of Powers, Constitutionalism.