CUMHURBAŞKANLIĞI HÜKÜMET SİSTEMİNDE İKİ DEFADAN FAZLA CUMHURBAŞKANI SEÇİLEMEME KURALI

Abstract

Türkiye Dergisi Abstract With Law no.6771 of 21 January 2017 which entered into force following its approval in the referendum held on 16 April 2017, one of the most comprehensive constitutional amendments of history of the Republic of Turkiye has been realised. As result of these constitutional amendments the system of government has been changed in Turkiye; the parliamentary system of government has been replaced with the executive presidential system. In this context, the Law no.6771 made crucial changes in constitutional rules on organisation of the executive branch and on its responsibilities and powers, and adopted new principles. Following the aforementioned constitutional amendments of 2017, various debates have been seen in the doctrine and in the public sphere concerning the way of implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ” stipulated in Article 101 of the Constitution as amended by law no.6771. The focal point of these debates, which have mostly been based on the fact that a rule with the same content already existed in the Constitution before the latter has changed by law no.6771, is the effect of presidential elections held before the constitutional amendments of 2017 to the implementation of the rule “ a person may be elected as the President of the Republic for two terms at most ”. In this context, in this study, departing from the interpretation methods and the principles concerning ratione temporis application of statutes, the answer for the question of “ whether or not presidential elections held during the term of the parliamentary system of government will be taken into account while implementing the rule ‘a person may be elected as the President of the Republic for two terms at most’ in the term of the executive presidential system ” will be sought.