Presidential Decrees (Türkiye-USA)

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