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Discussion of Government System in Turkey
* Erhan Akçam
Abstract
In this article, presidential regime, semi-presidential regime and parliamentary system will be explained . After discussions of Turkey's government system modification and probable practice of presidential and semi-presidential system will be analyzed. There are information of what the current system of turkey. And,finally, in study , last status of the debates about changes of government system will be informations
Keywords: Political Regime, Govenmental System, Turkey’s Government System, The Political System Discussions, Change of Government System.
I.Introduction
Governmental system which constitutes the structure of political system is one of the most controversial issues of the political agenda. Parliamentary system which has unsuccesful stories occasionally including Turkey forced many countries to seek novel systems. Inability of parliamentary system to solve crisis of regime and to overcome govermental problems caused to come agenda new options such as presidential or semi-presidential system.
‘Turkey has experienced continuous government crises throughout its history. Turkey is always unstable and has faced governments to take responsibility. After 1980 the impact of this instability and results led to discussions of a new governmental system’.
II.Separation of Powers
According to Montesqueu , state has three basic organs and these organs must be independent of each other. These organs are the legislature, the executive and the judiciary.
III.The Definition and Properties of These Organs
i) Legislature
A legislature is a decision-making organization, usually associated with national government, that has the power to enact, amend, and repeal laws.Legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The most common names for national legislatures are "parliament" and "congress", although these terms have more specific meanings.
ii) Executive
The executive is the part of the government that has sole authority and responsibility for the daily administration of the state. The executive branch executes, or enforces the law. The division of power into separate branches of government is central to the idea of the separation of powers.
iii) Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also known as the judicial system or court system. Under the teory of the separation of powers, the judiciary generally does not make law. The judiciary enforces law . This branch of the state is often tasked with ensuring equal justice under law.
IV. Governmental Systems
Government systems are generally entitled according to legislative and executive. These systems are parliamentary regime, semi-presidential system and presidential system.
i) Parliamenter System
A system of government control of society by the bourgeoisie, characterized by a clear-cut distribution of legislative and executive functions, so that the legislative body holds a more privileged position than the other bodies of government.
‘According to proponents of the system changes ; The most important problem in Turkey's parliamentary system is unable to find the solution to governmental instability’. Because , In a
parliamentary system the government is formed by the parliament and is responsible to it.
Another issue which caused discussion , Parliamentary system leads to weak governments. This is because In a parliamentary system generally government is formed with the coalition.
ii) Presidential System
A presidential system is a republican system of government where a head of government is also head of state and leads an executive branch that is separate from the legislative branch.
This system is discussed too much in recent. This system has been put forward for discussing between intellectual persons by the ruling party therefore, this popularity is increasing day by day. There is no stability problem of this system therfore this system this system is needed . Because president is elected for a certain period and presedent cannot be sent into the wilderness. Consequently in the presidential system of government cris is not possible.
iii) Semi-Presidential System
‘ Elements taken from the presidential and parliamentary regimes do not create same regime in each country’ . In this regard a new government system occurs . The name of this system is a semi-presidential system The semi-presidentialism is a system of government, in which a president exists along with a prime minister and the Cabinet.
‘ İn Turkey, especially after the president elected by the people , among constitutional scholars began discussions of semi-president regime . As a result a wide range says the current sytem is semi presedent system’.
‘In this system , executive and legislative is in agreement with each other so semi-Presidential System is an alternative to parliamentary system’.
In a semi-presidential system, the president is often elected directly by the people so the presedent is powerful and government is stable in the semi-presedent system.
V. Conclusion
Due to judicial and political difficulties in the implementation of presedential system, it is obvious that this system can not be applied Turkey. On the other hand, 12th presedent directly elected by the people at 28 agust 2014, who provided to transition from parlementer system to semi-presidential sytem. In my opinion, the weakness ofsemi-presidential system and strenghts of presedential system will begin to be disscussed and examined.
For all I care instead of discussing the change of government system in Turkey, should be decided on system that will provide stability and this system should be containg brake and balance mechanism should be realized to real seperation of power principle, should be served to protect fundemental rights and freedooms, democracy and rule of law.
Bibliography
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Demir, Fevzi, “Yarı Başkanlık Hükümet Sistemi ve Türkiye ”,Journal of Yaşar University , vol.8 Special Issue (gift) , pp. 831-876, 2013.
Gözler, Kemal, Anayasa Hukukunun Genel Esasları, pp. 219-250, 4th edn, Bursa 2013.
Linz, Juan J. ,Journal of Democracy, vol 1, N. 1, pp. 51-69, Winter 1990
Teziç, Erdoğan, Anayasa Hukuku , pp.416-431, 5th edn., Beta, 2012
Yüksel, Cüneyt, “ Türkiye’nin Gelecek Siyasi Sistem Tercihi
Rasyonelleştirilmiş Parlamentarizm, Yarı-Başkanlık ve Başkanlık Sistemleri ”, http://www.yasader.org/web/yasama_dergisi/2013/sayi25/38-70.pdf, A.D. 15.12.2014.
* Yıldırım Beyazıt University Faculty of Law Student
1 Ay, Şadiye, “ Türkiye’de Parlamenter Sistemi ve Hükümet Sistemi Tartışmaları” , -http://www.mevzuatdergisi.com/2004/05a/01.htm , A.D. 15.12.2014.
2 Gözler, Kemal, Anayasa Hukukunun Genel Esasları, pp 219-220, 4th Edn, Bursa 2013.
3 Ay, Şadiye, “ Türkiye’de Parlamenter Sistemi ve Hükümet Sistemi Tartışmaları” , -http://www.mevzuatdergisi.com/2004/05a/01.htm , A.D. 15.12.2014.
4 Gözler, Kemal, Anayasa Hukukunun Genel Esasları, pp.245, 4th Edn, Bursa 2013.
5 Gözler, Kemal, Anayasa Hukukunun Genel Esasları, pp. 249-250, 4th Edn, Bursa 2013.
6 Yüksel, Cüneyt, “ Türkiye’nin Gelecek Siyasi Sistem Tercihi, Rasyonelleştirilmiş Parlamentarizm,
Yarı-Başkanlık ve Başkanlık Sistemleri ”, http://www.yasader.org/web/yasama_dergisi/2013/sayi25/38-70.pdf, A.D. 15.12.2014.
7 Gözler, Kemal, Anayasa Hukukunun Genel Esasları, pp. 232-233, 4th Edn, Bursa 2013.
8 Teziç, Erdoğan, Anayasa Hukuku, pp. 430, 5th edn., Beta, 1998
9 Demir, Fevzi, “Yarı Başkanlık Hükümet Sistemi ve Türkiye ”,Journal of Yaşar University , vol.8 Special Issue (gift) , pp. 831-876, 2013.
10 Demir, Fevzi, “Yarı Başkanlık Hükümet Sistemi ve Türkiye ”,Journal of Yaşar University , vol.8 Special Issue (gift) , pp. 831-876, 2013.
11 Yüksel, Cüneyt, “ Türkiye’nin Gelecek Siyasi Sistem Tercihi
Rasyonelleştirilmiş Parlamentarizm,
Yarı-Başkanlık ve Başkanlık Sistemleri ”, http://www.yasader.org/web/yasama_dergisi/2013/sayi25/38-70.pdf, A.D. 15.12.2014.
12 Demir, Fevzi, “Yarı Başkanlık Hükümet Sistemi ve Türkiye ”,Journal of Yaşar University , vol.8 Special Issue (gift) , pp. 831-876, 2013.
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Discussion Of Government System İn Turkey
