Turk parlamenter sisteminde cumhurbaskaninin rolu

Abstract

It is quite normal that Turkish parliamentarian system that is established by 1982 Constitution is different from other parliamentarian systems. What abnormal is not establishing a unique parliamentarian system peculiar to Turkey's own conditions, but it is changing the essence of parliamentarian system. The essence of parliamentarian system is sharing three different powers of state, i.e. Legislation, Executive and Judiciary, among three different organs in order to check and balance each other. Executive power is shared between a President who has symbolic powers and has political and criminal immunity and a Cabinet of Ministers which has the power and responsibility. 1982 Constitution established a two-wing executive branch in accordance whit the classical parliamentarian system. The executive power is shared between with the President and the Government. Nevertheless, this Constitution allocates so many powers to the President that it is incompatible with the status of President in Parliamentarian system as an irresponsible wing of the Executive. That is why the role and power of the President is a subject of discussion among Turkish public and constitutional lawyers. This study examines the role of the President in Turkish parliamentarian system and compatibility of this role whit the classical parliamentarian systems. The first chapter looks at the characteristics of the parliamentarianism. The second chapter examines the powers and responsibility of the President under 1982 Constitution and evaluates the role of President in Turkish parliamentarian system in order to suggest some amendments in the Constitution.