TÜRKİYE’NİN HUKUKİ NAKİL TECRÜBESİ VE TÜRK TİPİ BAŞKANLIK SİSTEMİ

Abstract

So far, much ink has been spilled about presidential system that Turkey has recently adopted. Yet, there is limited study on Turkey’s legal transplantation journey. Turkey constitutes an interesting case study as it has gone through a voluntary and comprehensive transplant experience from the beginning of the country's foundation. Recently, it has held three constitutional referendums which took place in 2007, 2010, and 2017 to turn its parliamentary system into a presidential one. By doing so, it employed an eclectic method, meaning that it aimed to accumulate the strongest aspects and elements of both parliamentary and presidential models in the hands of the President. In this study, first the general characteristics of the original presidential system will be discussed. Then, the features of ‘Turkish-style-presidential-system’ will be examined. This is followed by a detailed analysis of current transplant’s influences on Turkey’s law. Finally, whether and to what extent this new system fits into the original model will be explored.