THE POSITION OF PRESIDENTIAL DECREES IN THE HIERARCHY OF NORMS IN TURKEY
THE POSITION OF PRESIDENTIAL DECREES IN THE HIERARCHY OF NORMS IN TURKEY

Summary/Abstract: In Turkey, the parliamentary government system was abandoned in a 2017 referendum in favour of a system similar to a presidential one. This change saw presidential decrees, a previously non-existent procedure, enter the Turkish legal system. Following the 2018 presidential election, the new system was implemented and presidential decrees were applied within it. Prior to the 2017 constitutional amendment, the scope of decrees granted to the president under the parliamentary system was limited to appointment procedures. However, under the new political regime, the president has become head of the executive branch and his decree authority has changed. Presidential decrees derive their authority directly from the constitution and, within this remit, they can enact regulations that affect not only the executive sphere, but also social, cultural and economic rights. Additionally, presidential decrees may be issued on matters not regulated by the legislative power According to Kelsen's 'hierarchy of norms', also known as the 'pyramid of norms', the structure of norms in the Turkish legal system has taken on a new form following the 2017 constitutional amendment. However, there is no consensus among legal scholars as to where presidential decrees, which derive their authority directly from the constitution, fit into this new regulatory framework. Determining the place of this new type of administrative act within the plurality of norms is also important for judicial review. This study examines the scope of presidential decrees, as well as the issues that have arisen or are likely to arise in this area, in light of decisions made by the Turkish Constitutional Court. The aim is to determine the position of these decrees within the hierarchy of norms.

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