PARLIAMENTARISM, RATIONALIZED PARLIAMENTARISM AND APPLICABILITY IN TURKEY

Author:

KAYA Semih Batur1

Affiliation:

1. TRABZON ÜNİVERSİTESİ

Abstract

Many explanations and interpretations about the origin, history and nature of the separation of powers doctrine show that the democratic value of the parliamentary government system is at a high level. Indeed, in contrary to the general knowledge, not only the presidency system but also the parliamentary government system keeps its democratic value at high level in many aspects and establishes a brake and balance mechanism between the powers. This study discusses the features of the parliamentary system, especially the rationalized parliamentary system, and the possibility of its applicability in Turkey. The study reveals that, for Turkey, the system inspired by the presidential system, which is called the Presidential Government System is more convenient than the parliamentary system in terms of breaking down democracy, and this brings deficiencies in terms of democracy as a whole, especially on the constitutional system including the fundamental rights and freedoms. In analysing the subject, the study argues that the capability of the rationalized parliamentary system which is a form of the parliamentary government system to provide inducement in bolstering the democracy in Turkey should be earnestly contemplated considering that the legislative, executive and judiciary powers that define the pure presidency system lack independence in terms of the power and influence map. It is claimed that the inducements created by the parliamentary system may offend democracy as well as strengthen the brake and balance mechanism between the powers. In this context, we briefly addressed the historical precedents of the current types of the parliamentary government, and we emphasized the presence of various different types of parliamentarism while discussing the main characteristics of the parliamentarism. We have also attempted to review the empirical evidence on which the answer to this question may be based for Turkey around the question of whether it is superior or more stable than presidential forms as a system of government. Here, we sometimes evaluated the deficiencies in the Presidential Government System. In this respect, we have tried to emphasize the importance of designing a rationalized form if Turkey is to adopt the parliamentary system. We said that by doing so, Turkey would have attained a higher level of constitutional fiction in terms of its democratic value and brake and balance system

Publisher

Dokuz Eylul Universitesi Hukuk Fakultesi Dergisi

Subject

General Engineering,Energy Engineering and Power Technology

Reference34 articles.

1. Akartürk, Ekrem Ali/Küçük: Tevfik Sönmez, Güçlendirilmiş Parlamenter Sistem, Adalet Yayınları, Ankara 2021.

2. Anayurt, Ömer: Anayasa Hukuku Genel Kısım, Seçkin Yayınları, Ankara 2018.

3. Batum, Süheyl/Yılmaz, Didem/Köybaşı, Serkan: Anayasa Hukuku: Temel Kavramlar ve Genel Esaslar, On İki Levha Yayıncılık, 1. Baskı, İstanbul 2021.

4. Boyunsuz, Şule Özsoy: Başkanlı Parlamenter Sistem, On İki Levha Yayınları, 2. Baskı, İstanbul 2014.

5. Calabresi, Steven G.: “The Virtues of Presidential Government: Why Professor Ackerman Is Wrong to Prefer the German to the U. S. Constitution”, Constitutional Commentary, V. 18, 2001, p. 51-104.

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