Auf dem Weg zum »Präsidialsystem alla Turca?«

2020 ◽  
Author(s):  
Mahir Tokatlı
Keyword(s):  
Comparative Politics ◽  
Separation Of Powers ◽  
Parliamentary System ◽  
Presidential System ◽  
Turkish Constitution ◽  
Constitutional Changes ◽  
Governmental System

In this book, the author examines the development of the Turkish constitution since 1921 in terms of its horizontal separation of powers, and concludes that Turkey’s recent constitutional changes do not imply a presidential system at all. Contrary to the widespread assumption in journalism and academia, the governmental system has persisted in conforming to a parliamentary system. Using a reconceptualisation of the typology of systems of government, this thesis is reinforced and at the same time provides a further contribution to the field of comparative politics by affirming the benefits of the basic dichotomous typology, by elaborating a distinctive subtypification and by rejecting semi-presidentialism as an autonomous type.

scholarly journals Separation of powers according to the new amendments to the constitution of Georgia-problems and prospects

2019 ◽  
Vol 3 (1) ◽  
pp. 81-91
Author(s):  
George Goradze
Keyword(s):  
Separation Of Powers ◽  
Executive Branch ◽  
Main Question ◽  
Ideal Model ◽  
Parliamentary System ◽  
Universal Suffrage ◽  
European Standards ◽  
The Government ◽  
Ruling Party ◽  
Constitutional Changes

The article looks at the last amendments to the Constitution of Georgia. By this amendments Georgia moves into parliamentary system. However, there are some questions: Does this system comply with European standards of parliamentary system? How will this system work in Georgia? Is a parliamentary system ideal model for Post-Soviet countries and particularly for Georgia? The article is divided into two parts: The first part looks at the new redaction of the Constitution of Georgia and the new system of governance which will be established by this constitutional changes. By analysis the author comes to the conclusion that new amendments to the constitution will serve as a guarantee of a long-standing stay in the government for the ruling political party; In the second part of the article the author discusses the negative aspects of a parliamentary system in general. Here main question is “how will the Parliament control the executive branch and its leader who is the head of the ruling party and the parliamentary majority, as well? It may be vice versa.” In the author’ opinion one of the ways for a parliamentary system is to elect a non-party president through a universal suffrage.

scholarly journals SOME THOUGHTS ON SEPARATION OF POWERS: WESTMINSTER MODEL versus AMERICAN MODEL

2012 ◽  
Vol 17 (2) ◽  
Author(s):  
Ibrahim bin Ismail
Keyword(s):  
United States Of America ◽  
Separation Of Powers ◽  
The United States ◽  
Parliamentary System ◽  
Westminster Model ◽  
The United Kingdom ◽  
American Model ◽  
The World ◽  
Presidential System ◽  
Model Versus

The focus of this paper is of the working system of government based on the theory of separation of powers. The theory in its original idea is hardly implemented in the world today. Necessary modifications and adjustments ought to be made to suit the adopting countries. As a result of the theory, there exists two dominant world governmental systems, which have been championed by the United Kingdom and the United States of America. The UK’s system is better known as the Westminster model or parliamentary system; whereas the USA’s system is popularly known as the presidential system. Each system has its own strengths and weaknesses. This paper also highlights the influence of the theory through constitutional provisions and judicial pronouncements, which indicates the modification of the two models to suit countries like Malaysia.

scholarly journals Elementy prezydencjalizmu w systemie ustrojowym Francji okresu V Republiki

Politeja ◽  
2020 ◽  
Vol 17 (1(64)) ◽  
pp. 37-58
Author(s):  
Łukasz Jakubiak
Keyword(s):  
Executive Branch ◽  
Original Text ◽  
Political Practice ◽  
Fifth Republic ◽  
Parliamentary System ◽  
Presidential System ◽  
Constitutional System ◽  
Constitutional Changes

Elements of Presidentialism in the Constitutional System of France’s Fifth Republic The Fifth French Republic was created as a modified parliamentary system, but due to constitutional changes and tendencies revealed in political practice, the functioning system of government was quite significantly modified. The purpose of this article is to analyze the elements of the presidential system that were introduced in 1958, thus in the original text of the constitution, resulted from its subsequent amendments, or can only be seen in the practice of exercising power in the conditions of the politically homogenous executive branch, i.e. outside of cohabitation periods. The author draws attention to two different ways of defining the term “presidentialism” in the French context (as a formal constitutional structure or as a pro-presidential configuration of the semi-presidentialism of the Fifth Republic), and argues that the regime initiated in 1958 is still based on at least some pillars characterizing the parliamentary model. Hence, its subsequent modifications were only to highlight presidentialism as one of the possible variants of political practice under the Fifth Republic, and not to accept presidentialism as a constitutional system of government.

scholarly journals COALITIONS MODEL IN INDONESIAN PRESIDENTIAL SYSTEM

2016 ◽  
Vol 28 (2) ◽  
pp. 365
Author(s):  
Dinoroy Margonda Aritonang
Keyword(s):  
Political Parties ◽  
Political Stability ◽  
Real Character ◽  
Parliamentary System ◽  
Presidential System ◽  
Constitutional System ◽  
Governmental System

AbstractThe option to pick a suitable governmental system is greatly determined by political stability and effectivity considerations. Presidential system used in Indonesian constitutional system is designed along with the format of multiparty which highly requires coalitions among political parties in the parliament. This feature is actually an original or a real character of parliamentary system. It stems from and is developed well in the system. In this article, it will be described the problems based on empirical experiences of Indonesian Presidential cabinet which is struggling with the multiparty system.IntisariPemilihan model pemerintahan amat ditentukan oleh pertimbangan terhadap stabilitas dan efektiftas dari pemerintahan. Sistem Presidensil yang diterapkan di Indonesia didesain dengan format multiapartai, yang amat menghendaki koalisi dalam partai politik di parlemen. Ciri ini sebenarnya amat cocok (lahir dan tumbuh subur) dalam sistem parlementer. Dalam tulisan ini dideskripsikan mengenai problematika yang berangkat dari pengalaman empiris cabinet pemerintahan yang telah berlangsung di Indonesia dalam desain presidensil yang multipartai.

Government Systems and Control of Bureaucracy

2021 ◽  
pp. 133-150
Author(s):  
Namık Kemal Öztürk
Keyword(s):  
Political Power ◽  
Separation Of Powers ◽  
Democratic Government ◽  
Parliamentary System ◽  
Negative Results ◽  
Full Effect ◽  
Systems And Control ◽  
Presidential System ◽  
And Control ◽  
Presidential Systems

Control of bureaucracy is essential for democratic government systems based on separation of powers. Because the bureaucracy has the potential to get out of political control and act as a power on its own. It is necessary to determine which mechanisms are effective in the control of bureaucracy among government systems. In general, the parliamentary system is said to be more advantageous than the presidential system in controlling and directing the bureaucracy. The fact that there is a strict separation of powers in the presidential systems causes two negative results in terms of regime. First, the inability of the politicians to have a full effect on the bureaucracy may result in weakening of the system and problems in control of bureaucracy. Second, the lack of coordination over senior bureaucrats, weakens the control capacity of political power.

Ein als „Präsidialsystem“ verkleidetes (autokratisch-)parlamentarisches Regierungssystem: Die Präsidentschafts- und Parlamentswahlen in der Türkei vom 24. Juni 2018

2019 ◽  
Vol 50 (4) ◽  
pp. 791-809
Author(s):  
Mahir Tokatlı
Keyword(s):  
Mixed Type ◽  
Separation Of Powers ◽  
Electoral System ◽  
State Of Emergency ◽  
Constitutional Amendments ◽  
Parliamentary System ◽  
Presidential System ◽  
Head Of Government ◽  
First Time ◽  
The Relationship

On the 24th of June 2018, for the first time Turkish citizens voted in separate elections for both parliament and the head of government . The constitutional amendments passed a year earlier in a controversial referendum became effective at the same time and transformed the parliamentary system of government into a so-called presidential system . However, regarding the relationship between the executive and legislative branches, the constitution reveals strong similarities to an Israeli experiment (1996 to 2002), which conversely was described as a mixed type or quasi-parliamentary system . The “alla Turca” variant presents a clear asymmetry concerning the horizontal separation of powers in favor of the president and creates a concentration of powers . Parliament is rigorously constrained in its powers, while the president permanently remains capable of acting unless an arithmetic three-fifths majority is formed that could recall him prematurely for political reasons . Under the undemocratic conditions of a semi-competitive electoral system and in a state of emergency that applied at the time, the AKP won both elections . [ZParl, vol . 50 (2019), no . 4, pp . 791 - 809]

scholarly journals Sistem Pemerintahan Indonesia: Pendekatan Teori dan Praktik

Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 248
Author(s):  
Ahmad Yani
Keyword(s):  
Separation Of Powers ◽  
Theory And Practice ◽  
Legal Research ◽  
Checks And Balances ◽  
State Institutions ◽  
Presidential System ◽  
Governmental System

Abstract Indonesia’s presidential system requires the separation of powers (executive, legislative and judiciary) as it is based on checks and balances. It is stated in the Indonesian Constitution, but it still needs further reform, particularly on the limitation of such tripartite powers. This article uses legal research to analyse and discuss theoretical and practical issues on the governmental system of Indonesia. Theoretically, the authority of state institutions in Indonesia encourages an executive-centered government system. In fact, in carrying out functions and authorities, state institutions do not reflect that the Indonesian system of government embraces the separation of powers. In addition, this study recommends the need for refinement and improvement efforts, to enforce ideal concept and practice. Keywords: Theory and  Practice, Governmental System, Indonesia

Challenges of the parliamentary system in Iraq after 2003

2019 ◽  
Vol 3 (10) ◽  
pp. 101
Author(s):  
Emad Wakaa Ajil
Keyword(s):  
Political System ◽  
Separation Of Powers ◽  
Political Process ◽  
The United States ◽  
Arab Countries ◽  
The Political ◽  
Parliamentary System ◽  
Political Transformations ◽  
The Us ◽  
Long Time

Iraq is one of the most Arab countries where the system of government has undergone major political transformations and violent events since the emergence of the modern Iraqi state in 1921 and up to the present. It began with the monarchy and the transformation of the regime into the republican system in 1958. In the republican system, Continued until 2003, and after the US occupation of Iraq in 2003, the regime changed from presidential to parliamentary system, and the parliamentary experience is a modern experience for Iraq, as he lived for a long time without parliamentary experience, what existed before 2003, can not be a parliamentary experience , The experience righteousness The study of the parliamentary system in particular and the political process in general has not been easy, because it is a complex and complex process that concerns the political system and its internal and external environment, both of which are influential in the political system and thus on the political process as a whole, After the US occupation of Iraq, the United States intervened to establish a permanent constitution for the country. Despite all the circumstances accompanying the drafting of the constitution, it is the first constitution to be drafted by an elected Constituent Assembly. The Iraqi Constitution adopted the parliamentary system of government and approved the principle of flexible separation of powers in order to achieve cooperation and balance between the authorities.

Critical Analysis on the Comparative Advantage of Presidentialism over Parliamentary System on Liberty and National Unity in Ethiopia

2021 ◽  
pp. 1-17
Author(s):  
Sisay A. Temesgen
Keyword(s):  
Comparative Advantage ◽  
Democratic Republic ◽  
Separation Of Powers ◽  
National Unity ◽  
Checks And Balances ◽  
Parliamentary System ◽  
The Government ◽  
Executive Organ ◽  
Council Of Ministers ◽  
The Impact

Abstract The Ethiopian Federal Democratic Republic (EFDR) Constitution is promulgated in 1994. Under Article (45) of the EFDR the country is restructured from presidential to parliamentary system of government. Since then, the country has been ravaged by the gross violation of the liberty of citizens and the crisis of national unity and consensus among the diversified ethnic groups. The impact of the parliamentary system in aggravating those critical challenges and the comparative advantage of presidantialism is the most ignored political research topic. In this Article, I investigated that the blurry separation of powers of the parliamentary structure of the country has created fusion of powers which has undermined the system of checks and balances. Thus, the executive organ of the government has enabled to concentrate unchecked and unaccountable power which has manifested in the gross violation of the liberty of citizens. Likewise, Article (73) of EFDR has declared that the prime minister and council of ministers of the country to be appointed by the legislators. This has deprived their boarder popular base and authenticity; and equivocally undermined their potency and decisiveness in addressing the existing crisis of national unity and consensus. Comparatively, the presidential structure of government is defined by the firm separation of powers and genuine system of checks and balances. The direct popular election of the president enables the president and council of ministers to secure broader popular base and authenticity. Thus, it is advantageous over parliamentarian structure in terms of protecting the liberty of citizens and addressing the crisis of national unity and consensus in Ethiopia.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

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