Cumhurbaşkanlığı Kararnamesi Normlar Hiyerarşisi Asli Düzenleme Yetkisi Münhasır Yetki Çatışma Kuralları
This article investigates the place of presidential decree in
the hierarchy of norms, which has inserted into the Constitution by amendments
that came into force in 2018. With the constitutional amendments, the executive
body has been granted primary regulatory power and exclusive power on the
matters that are explicitly regulated by the Constitution. What will determine
the place of presidential decree in the hierarchy of norms is its relation with
law. According to Kelsen's conceptualization of a hierarchical structure of
norms, the recognition of a norm as superior requires the determination of the
enforcement procedure and/or the content of sub-norm. Considering the relevant
provisions, law does not specify the enforcement procedure and/or the content
of presidential decree as superior norm. By deriving directly from the
Constitution, presidential decree, as an instrument of primary regulatory
power, first handedly enforces a norm regarding the matter it regulates and
thus, it comes out substantively in the form of a norm act independent of
law. On the other hand, the rules
contained in Article 104/17 of the Constitution can be defined as conflicts
rules, not as rules establishing a superior-subordinate relationship between
law and presidential decree. Therefore, it can be concluded that presidential
decree ranks as a norm equivalent to law in the hierarchy of norms.
Presidential Decree Hierarchy of Norms Primary Regulatory Power Exclusive Power Conflicts Rules
Birincil Dil | Türkçe |
---|---|
Konular | Hukuk |
Bölüm | Makaleler |
Yazarlar | |
Yayımlanma Tarihi | 31 Aralık 2019 |
Gönderilme Tarihi | 16 Mayıs 2019 |
Kabul Tarihi | 18 Kasım 2019 |
Yayımlandığı Sayı | Yıl 2019 Cilt: 10 Sayı: 2 |
Bu eser Creative Commons Atıf-GayriTicari 4.0 Uluslararası Lisansı ile lisanslanmıştır.