Prof. Dr. Hasan Tahsin Fendoğlu
CONTENTS
FOREWORD TO THE FIRST EDITIONI
CONTENTSIII
FIRST PART
PRESIDENTIAL DECREES AND DISCUSSIONS
I INTRODUCTION 1
II TOPICS REGARDING PRESIDENTIAL DECREES 2
A LEGAL QUALITY OF PRESIDENTIAL DECREES 2
B TURKISH GRAND NATIONAL ASSEMBLY'S
SUPERVISION OF PRESIDENTIAL PROCEDURES: 3
1 Decisions Regarding the Presidential Decree That the
Turkish Constitutional Court Can Give: 4
2 Supervision of Presidential Decree: 5
III AUDIT OF PRESIDENTIAL DECREES BY CONSTITUTIONAL
COURT THROUGH CONSTITUTIONAL NORM AUDIT 6
IV LIMITS OF PRESIDENTIAL DECREES: 10
A GENERAL LIMITS OF PRESIDENTIAL DECREES
AGAINST THE ENTIRE CONSTITUTION 16
B GENERAL LIMITS OF PRESIDENTIAL DECREES IN
FRONT OF THE LAW: AUTHORIZATION RULES IN
TERMS OF THE SUBJECT: 19
C THE FOUR PRIMARY AND SOLID AUTONOMOUS
AREAS WHERE THE PRESIDENTIAL DECREE WILL BE
ISSUED: 31
D CONCLUSION: 34
SECOND PART
REGULATORY PROCEDURES OF THE PRESIDENCY OF
THE UNITED STATES AND TÜRKİYE
ABSTRACT 37
INTRODUCTION (TÜRKİYE AND USA): 38
A UNITED STATES SYSTEM 40
IV Contents
B EXECUTIVE ORDERS: 42
C PRESIDENTIAL DECREE AND THE LAW44
D EXECUTIVE ORDERS AND THE FEDERAL SUPREME
COURT:48
E EXECUTIVE ORDERS AND CONGRESS 52
F SUPERVISION OF CONGRESS TO THE PRESIDENT IN
THE USA:56
CONCLUSION 60
THIRD PART
CONSTITUTION AND CONSTITUTIONAL JURISDICTION IN
THE UNITED STATES COMPARED WITH TÜRKİYE
I DEVELOPMENT OF RIGHTS AND FREEDOMS IN USA: 63
II AMERICAN DEMOCRACY: 64
III US CONSTITUTION AND CONSTITUTIONAL
JURISDICTION: 66
IV CONSTITUTIONAL AMENDMENT OF SUPREME COURT: 71
A SUPREME COURT'S EVALUATION ON FREEDOM OF
EXPRESSION: 72
B CHANGE IN RACIAL JURISPRUDENCE OF SUPREME
COURT:73
1 Judgment of the US Federal Supreme Court (in the first
instance) of 1896; (separate but equal doctrine): 73
2 Judgment of the US Supreme Court (second phase), 1938;
“Color discrimination cannot be made in the Faculty of
Law”:74
3 The 1954 decision of the US Supreme Court (in the third
phase); “color-blind doctrine”:74
4 The 1963 decision of the US Supreme Court (in phase four);
Minority to majority transfer plan:75
a House of Representatives: 78
b Senate:78
C POWERS OF THE CONGRESS:79
D EXECUTIVE IN THE USA: 82
E CONSTITUTIONAL JURISDICTION IN THE USA: 93
Contents V
1 Generally: 93
2 Supreme Court: 95
F US PROBLEMS: 101
CONCLUSION: 103
INDEX 109
SELECTED BIBLIOGRAPHY 115
A BOOKS: 115
B ARTICLES: 119
C SUPREME COURT DECISIONS (IN ALFABETICAL
ORDERS): 123
D SOURCES OF INTERNET: 124
CURRICULUM VITAE 125
