State Organs and Their Rule Making Powers Under The New Constitution Of The Rebuplic Of Turkey
Dr. Iur. Bülent SÖZER
CONTENTS
Abbreviations IX
Bibliography XI
INTRODUCTION
STATE ORGANS and
SEPARATION of FUNCTIONS
- AN OVERVIEW 1
- ORGANISATION OF THE TURKISH STATE 9
- 1 - THE LEGISLATIVE ORGAN /
THE LEGISLATURE
- THE INSTITUTION 12
- FORMATION OF THE LEGISLATURE 18
III. STATUS OF THE MEMBERS OF
PARLIAMENT 20
- The Nature and Characteristic of the
Representative Competency. 20
- Immunities Enjoyed by the Members
of Parliament. 21
- Freedom of Speech - Parliamentary
Immunity 22
- Immunity From Arrest - Legislative
Immunity 23
- POWERS and DUTIES. 24
- Making Acts. 24
- Terminating the Term of Office
of the President. 32
- RULE MAKING PROCEDURE 36
- Sessions 36
- Submission of Bills. 37
- The Quorums 37
- THE INTERNAL PROCEDURE 38
- 2 - THE EXECUTIVE ORGAN
- THE INSTITUTION 40
- DIFFERENT ORGANISATIONAL MODELS. 43
- The Unitary Type 43
- The Collegial Type 44
- The Dualist Type. 45
III. THE EXECUTIVE ORGAN UNDER
TURKISH CONSTITUTION. 45
- An Overview of the System. 45
- The President of the Republic of Turkey 50
- Election of the President 50
- Organisational Powers of the President 51
- Rule Making Powers of the President 57
- Presidential Decree. 57
- Presidential By-Law. 64
- Indirect Power of the President
on the Drafting of the Acts 66
- Penal Responsibility of the President. 67
- Vice-Presidents. 72
- The Ministerial Organisations. 75
- 3 - THE JUDICIAL ORGAN /
THE JUDICIARY
- THE INSTITUTION 79
- STATUS OF THE JUDGES. 81
- Independence of the Judges. 81
- Security of Tenure 83
III. ORGANISATION of the JUDICIAL ORGAN. 83
- Courts of General Jurisdiction 84
- The Courts of First Instance /
The Local Courts 85
- The Regional Courts. 86
- The Court of Appeal. 87
- Administrative Courts. 88
- The Courts of First Instance /
The Administrative Courts. 89
- The Regional Courts. 90
- The Council of State. 91
- Administrative Actions. 94
- Claims Actions 94
- Annulment Actions. 94
- Court of Jurisdictional Disputes. 95
- Court of Constitution. 96
- In General. 96
- Duties and Powers 97
- Judicial Review by the Constitutional Court 100
- Introduction 100
- Subject and Scope of the Judicial
Review . 105
- Amendments to the Constitution 105
- Acts. 106
iii. Presidential Decrees 107
- House Regulation of the TGNA. 108
- Categories of Judicial Review. 108
- Judicial Review Related to
Substance 108
- Judicial Review Related to
Procedure 112
- Methods/Means of Judicial Review. 116
- Action for Annulment - Direct
Action. 116
- Plea of Unconstitutionality - Review
by way of Exceptio. 116
- Effects of the Decisions of the
Court of Constitution. 118
- LAW MAKING POWERS 118
- 4 - THE ADMINISTRATIVE ORGAN -
THE ADMINISTRATION
- THE INSTITUTION 121
- An Overview 121
- Historical Development 124
- THE ORGANISATION OF THE
ADMINISTRATIVE ORGAN 127
- The Legal Basis. 127
- The Central Administration 129
- The Principal Administration 129
- The Provincial Administration 129
- De-Centralised Administration. 130
- Local Administrations 130
- Functionally De-Centralised Organisations 131
- Public Professional Organisations. 132
III. PUBLIC POWER 133
- In General. 133
- Rule Making Powers of the Administration. 135
- Judicial Review. 136
- Claims Action. 139
- Annulment Action 139