2017 Anayasa Değişiklikleri Bağlamında Yürütmenin Denetlenmesi

Abstract

The Constitutional amendments of 2017 is considered as the last point of the trend of strengthening the executive branch in Turkey. There have been great changes in Turkey's constitutional system. The parliamentary system, which has been implemented for many years, has been terminated. The presidential government system which based on rigid seperation of powers, introduced differs from the presidential systems implemented in America and other countries. A new execution algorithm has been created. As a result of the constitutional amendments of 2017, the responsibility of the executive and the mechanisms that give rise to this responsibility have been changed. How these audit mechanisms will be implemented is important in terms of creating an accountable, transparent and responsible executive power. The effectiveness of audit mechanisms is essential both in terms of the principle of separation of powers and in terms of democracy. In parallel with the expansion of executive powers in the new government system, the responsibility is also expanding. The checks and balances mechanisms have been restated and there are significant differences in the control of the executive by the legislature and the judiciary. The change in the Legislature's means of overseeing the executive is varied compared to other presidential systems. Along with the new system, the issue of judicial review of the executive is also regarded and the scope of judicial review is also expanded. This study examines the audit of the new executive created after the constitutional amendments of 2017. The study primarily focuses on the functioning of the executive in the presidential government system.The study is based on the question of what the constitutional amendments of 2017 changed in the audit of the executive and how this audit was conducted. It has been investigated by what means the executive can be controlled by the legislature and the judiciary. One of the questions that must be answered at this point is which operations of the president can be excluded from legislative and judicial control. It can be considered that the current constitutional regulations in this area carry a number of shortcomings. The decisions of the Constitutional Court and the Turkish Council of State as a result of supervising the operations of the executive will be able to guide the development of rule of law, accountable and transparent management.