Cumhurbaşkanlığı Kararnameleri: Türkiye ve Fransa Mukayesesi

Abstract

The 2017 Constitutional amendments which have been significantly transformed the political structure in Turkey, are studied by different aspects in many areas. The main reason for this is that these changes, which include new and comprehensive preferences of constitutiant power, also involve various uncertainties that are waiting to be solved. One of the first concepts that come to mind in this context is certainly the presidential decrees. Thus, in terms of these norms, important questions such as legal structure, nature and characteristics as well as judicial review have emerged and this situation has caused doubts on both the doctrine and the practice. In this respect, it is imperative that these tools, which are vital for the processing of the system, should be identified and clarified and the legal regime to which they are subject should be explained. In the literature, new studies are emerging to answer this need and new scientific discussions are carried out in this way. In this studies, Turkish system is usually compared with US presidential regime. It is not possible to disagree that information on comparative law will be useful in order to clarify vagueness of legal regime of presidential decrees. On the other hand, it is obvious that studying on examples of executive decrees apart from presidential regime will provide important opportunities. Among these examples, the most intriguing one comes with V. Republic regime in France. As a matter of fact, there is a substantial knowledge spread over many decades on constitutional provisions, legal precedents, and doctrine in French system, also essential solutions given by the system might contribute to answer our questions we have just started to ask. On that sense, it is clear that comparison of Presidential decrees in Turkish law with French system will provide an original perspective to literature. In this study, after examining and defining the decrees in French system, some comparative datas obtained from this examination will be tried to apply on the problems that we face in the Turkish system and it will be interrogated whether these datas provide appropriate solutions to overcome existing uncertainties. In this context, similarities have been discovered between the development process of regulatory power in our country and the historical development of the decrees in France. It has been concluded that the results obtained from the examination of the French system can be instructive in answering some important questions that arise in the new system.