the Constitution to be regulated exclusively by law. No presidential decree may be
issued on the matters explicitly regulated by law. In the case of a discrepancy
between the provisions of the presidential decrees and the provisions of the laws,
the provisions of the laws prevail. A presidential decree will become null and void
if the Grand National Assembly of Turkey enacts a law on the same matter (Turkish
Constitution, Article 104/17).
The President of the Republic may issue by-laws to ensure the implementation of
laws, provided they are not contrary thereto (Turkish Constitution, Article 104/18).
Decrees and by-laws come into effect on the date of publication in the Official
Gazette, unless a later effective date is determined (Turkish Constitution, Article
104/19).
The President of the Republic also exercises powers of election and appointment, and performs the other duties conferred on him or her by the Constitution and
laws (Turkish Constitution, Article 104/20).
4.4.3 Characteristics of Presidential Decree
– The Presidential Decree is a regulatory legal proceeding. It is under the law in
the norms hierarchy. The Presidential Decree cannot be enacted in matters
which are envisaged to be regulated exclusively by the law and clearly regulated
by the law.
– If the provisions in the Presidential Decree and the laws differ, the provisions of
the law apply.
– Neither the fundamental rights and duties of individuals nor political rights and
duties are regulated by the Presidential Decree. Social and economic rights and
duties can be regulated by the Presidential Decree. (The right to environment is
included in social and economic rights and duties.)
– Judicial review is carried out by the Constitutional Court. In addition to the
legally guaranteed subject matter, there is a legislative audit if the Turkish Grand
National Assembly enacts a law that conflicts with the Presidential Decree.
4.5 New Goverment Model
In the new government model, certain structures called Presidencies, Heads or
Departments work under the President. These are: the Department of General (Chiefs
of) Staff; the Department of National Intelligence; the Department of Defence
Industries (in the now defunct government structure, this was an undersecretariat, but
in the new system it has been promoted to a department); the Department of National
Security; the Department of Religious Affairs; the Department of State Supervision;
the Department of Communication; and the Department of Strategy and Budget.
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S. S. Gökalp Alıca
issued on the matters explicitly regulated by law. In the case of a discrepancy
between the provisions of the presidential decrees and the provisions of the laws,
the provisions of the laws prevail. A presidential decree will become null and void
if the Grand National Assembly of Turkey enacts a law on the same matter (Turkish
Constitution, Article 104/17).
The President of the Republic may issue by-laws to ensure the implementation of
laws, provided they are not contrary thereto (Turkish Constitution, Article 104/18).
Decrees and by-laws come into effect on the date of publication in the Official
Gazette, unless a later effective date is determined (Turkish Constitution, Article
104/19).
The President of the Republic also exercises powers of election and appointment, and performs the other duties conferred on him or her by the Constitution and
laws (Turkish Constitution, Article 104/20).
4.4.3 Characteristics of Presidential Decree
– The Presidential Decree is a regulatory legal proceeding. It is under the law in
the norms hierarchy. The Presidential Decree cannot be enacted in matters
which are envisaged to be regulated exclusively by the law and clearly regulated
by the law.
– If the provisions in the Presidential Decree and the laws differ, the provisions of
the law apply.
– Neither the fundamental rights and duties of individuals nor political rights and
duties are regulated by the Presidential Decree. Social and economic rights and
duties can be regulated by the Presidential Decree. (The right to environment is
included in social and economic rights and duties.)
– Judicial review is carried out by the Constitutional Court. In addition to the
legally guaranteed subject matter, there is a legislative audit if the Turkish Grand
National Assembly enacts a law that conflicts with the Presidential Decree.
4.5 New Goverment Model
In the new government model, certain structures called Presidencies, Heads or
Departments work under the President. These are: the Department of General (Chiefs
of) Staff; the Department of National Intelligence; the Department of Defence
Industries (in the now defunct government structure, this was an undersecretariat, but
in the new system it has been promoted to a department); the Department of National
Security; the Department of Religious Affairs; the Department of State Supervision;
the Department of Communication; and the Department of Strategy and Budget.
68
S. S. Gökalp Alıca