Limitedness of legislative function in Turkish constitutional law

The subject of this thesis is the issue of limitedness of the legislative function in Turkish law. The first part of our thesis is devoted to explaining the concept of validity - which is based on the normative positivist view –, drawing the conceptual framework and revealing the differences of the legislative function from other functions and power types. Then, it is argued that the limitedness of the legislative function should basically be evaluated in the same context as the limitation of other functions; so that limitedness has similar con-sequences in terms of elements of legislative acts. In the second part of the thesis, the con-sequences of the limitedness of the legislative function on the elements of authority, pro-cedure and form, which we define as the external elements of legislative acts, are explai-ned. In the context of the standards we have accepted regarding the limitedness, important results have been reached, especially about the element of authority. In the context of the standards we have accepted regarding the limitedness, important results have been reached especially about the element of authority. It is explained why the principles of the origina-lity and generality of the legislative power cannot be valid in terms of Turkish law. In ad-dition, it has been emphasized that element of authority has important consequences in terms of validity and legality and creates the border between parliamentary decisions and laws. Afterwards, the reflections of limitedness on the procedural and formal element of legislative acts and its decisiveness in the context of validity and binding issues are explai-ned. In the third part of the thesis, the results of the limitation in the context of the reason, subject and purpose elements, which we consider as the internal elements of the legislative acts and the concept of discretion, which has great importance about determination of these limits. It has been concluded that the concept of reason can also be accepted for legislative acts, in line with our assumptions about the limitedness of authority in terms of the element of reason. In terms of the subject element it is explained how the constitution regulates it and which consequences such regulation leads to, are explained. In the context of the purpose element of legislative acts, the concept of public interest which is defining of the element, is explained and evaluations are made regarding special purposes of legis-lative acts determined by the Constitution for legislative acts. In the last part of the thesis, our results are summarized.