The Presidential System within the Context of Independency and Impartiality Principles of Judiciary

The presidential system, as a democratic governmental system, shaped according to the principle of separation of powers, is implemented in different ways in various countries despite having some determining rules. “The Presidential system” adopted in 2017 in Turkey by the constitutional amendment can be considered as one of the different practices of presidential systems. However, the significance of the governmental systems based on the separation of powers emerges when the judicial body is positioned as to make impartial decisions. This is mandatory for the judicial review to be effective and functional. When the Presidential system is considered within this perspective, even though positive steps have been taken in terms of judiciary, it cannot be stated that the principles of independency and impartiality of the judiciary is well established. The new situation occurred in terms of the Council of Judges and Prosecutors and the Constitutional Court should be considered separately