Turkish Constitution of 1982

  • Turkey’s New System of Government: Some Observations and Considerations in Comparative-Legal Perspective

    Author: Türker Ertaş
    E-mail: turker.ertas@deu.edu.tr
    Institution: Dokuz Eylül University in Izmir, Turkey
    Year of publication: 2018
    Source: Show
    Pages: 11-33
    DOI Address: https://doi.org/10.15804/ppk.2018.01.01
    PDF: ppk/41/ppk4101.pdf

    Summary On 12 December 2016, 316 deputies of the Grand National Assembly of Turkey submitted a constitutional amendment proposal which is mainly related to changing the parliamentary features of the system of government. The constitutional amendment bill was accepted by the Committee on Constitution of the Grand National Assembly of Turkey with minor changes. Hereafter, the bill was discussed and voted on in the Grand National Assembly. The Grand National Assembly passed the constitution al amendment bill by 339 of 550 votes which is not enough for coming into force but holding a referendum by the President of the Republic2. The constitutional amendment law was promulgated by the President of the Republic on 11 February 2017, and the referendum was held on 16 April 2017. According to the official results declared by the Supreme Electoral Council, 51.41% of the valid votes are in favour, while 48.59% voted for no. Hence, the amendments were approved and are subject to coming into force. This article aims to point out the newly-introduced Turkish system of government by comparing the legislative and executive relations of the relevant constitutional systems which in this case are presidential U.S.A., semi-presidential France and super-presidential Russia. The other purpose of the article is to remark the formation of the judiciary branch of the American, English, German and French constitutional systems for the comparison of the regarding constitutional amendment law provisions. In this respect, the article comprises of a comparative legal/constitutional research in terms of legislative-executive-judiciary relations.

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