Anayasal Dönem Olarak Yürütmenin Güçlendirilmesi Eğilimi

Abstract

Today, when neoliberalism emerged as the state organization and the dominant accumulation regime in law, the tendency to strengthen the executive takes place in the legal order as a reality. At the point reached today, the executive power has almost completely surpassed other powers and perhaps has become the sole user of political power. The aim of this study is to determine the social bases of the point reached by the executive power. In this study, which is structured in two parts, the executive power will be discussed in relation to the relations of production in the historical process. The 61 and 82 Constitutions, in which the executive began to be regulated as the organ exercising sovereignty, and the regime of fundamental rights and freedoms was categorically regulated at the constitutional level, were accepted as the normative framework. In the first part, the 61 Constitution and the dominant Fordist accumulation regime will be discussed. In the second part, the connections between Poulantzas' liberal authoritarian state theory and the 82 Constitution will be followed.