Analysis of the Presidency as Balance and Supervision Authority in 1982 Republic of Turkey Constitution

Parliamentary government system adopted in 1982 Constitution. Also lots of significant changes have been done for parliamentary system compared with 1961 constitution. The amendment is related to the executive power included in the article 8th in the Constitution. It was stated in the article that “‘Executive power and executive duty used and applied …by the President and the Ministerial Cabinet”, with this definition it states executive power as duty and at the same time with power. However, Constitution divided the executive branch into two as the President and the Ministerial Cabinet. There are more Power assigned to the President (article 104) while there are some reliefs for its responsibility (m.105). In parliamentary systems President is neutral and held irresponsible in 1982 Constitution. With this new system, Constitutive Power aimed at elected and responsible Ministerial Cabinet’s decisions are to be checked and balanced by the Presidency. This regulation has been mainly undertaken for the 1982 coup’s leader. After 1983, when civil government came into the power, this balance-check mechanism has been used many times and has been seen causing crises a lot. In this study, the duties and authorities of the President of the Republic will be examined by taking into consideration its position in parliamentary systems within the frame of 1982 Constitution