Makale Geliş (Submitted) Bilecik Şeyh Edebali Üniversitesi Sosyal Bilimler Enstitüsü Dergisi Makale Kabul (Accepted) 24.03.2017 Bilecik Şeyh Edebali University Journal of Social Sciences Institute 23.05.2017 Presidential System and Its Applicability to Turkey Hasan GÖNDER1 Abstract This study examines the change of the government system that has been discussed for many years in Turkey and the proposals of transition to the presidential system. Compilation method for the study, and this issue of scientific books, articles, magazines, etc. materials used. Work consists of three sections. First, the emergence of the Presidential System, general characteristics, the pros and cons mentioned. Secondly, Latin American Countries was examined where president system implemented and had negative outcomes. Lastly, it discusses the government system in the Turkish constitution and the problems of Turkish parliamentarism. Besides, in that part of the study, applicability of that system in Turkey has been discussed. As a result of the research, it is understood that the political stability problem in Turkey doesn’t result from the current government system. The case in point cannot be solved by the change of the government system and application of the presidential system in Turkey would lead to dangerous consequences. Key words: Presidential system, parliamentary system, political instability Başkanlık Sistemi ve Türkiye’ye Uygulanabilirliği Öz Bu çalışma, Türkiye’de uzun yıllardır tartışılan hükümet sistemi değişikliği ve başkanlık sistemine geçiş önerilerini incelemektedir. Çalışmanın yöntemi derleme olup, bu konuda bilimsel kitap, makale, dergi vb. materyaller kullanılmıştır. Çalışma üç bölümden oluşmaktadır: Birinci bölümde; başkanlık sisteminin doğuşu, genel özellikleri, avantajları ve dezavantajlarına değinilmiş, ikinci bölümde; başkanlık sisteminin uygulandığı ve başarısız sonuçlar verdiği Latin Amerika ülkeleri incelenmiş, son bölümde ise Türk anayasalarında yer alan hükümet sistemleri ile Türk parlamentarizminin sorunları ortaya konulmuştur. Ayrıca çalışmanın bu bölümünde, bu sistemin ülkemizde uygulanabilirliği üzerine değerlendirme yapılmıştır. Yapılan araştırmalar sonucunda, Türkiye’de yaşanan siyasi istikrar sorununun mevcut hükümet sisteminden kaynaklanmadığı anlaşılmıştır. Söz konusu sorunun hükümet sistemi değişikliğiyle çözülemeyeceği ve Türkiye’de başkanlık sisteminin uygulanmasının tehlikeli sonuçlar doğurabileceği kanaatine varılmıştır. Anahtar kelimeler: Başkanlık sistemi, parlamenter sistem, politik istikrarsızlık 1 Fudan University, School of Social Development and Public Policy, Department of Sociology, Shanghai/China, Graduate student, [email protected] Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 156 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Presidential System and Its Applicability to Turkey Introduction America, the implementation of this system has been unsuccessful in any other countries. Since the beginning of 1980s, the political government’s structure has been much The aim of my study is to examine all positive debated subject both in Turkish academic and negative features of presidential system and political platform. Some people assert which offered as an alternative to our that the reason of political deadlock is current governmental system, and reveal the parliamentary system and can be solved by applicability of the presidential system to transition to presidential system. In order to Turkey. evaluate those claims, we scrutinized that 1.The Emergence of the Presidential System, the reason of political deadlock is our current General Characteristics, the Pros and Cons political system or not. 1.1 Definition and Emergence of Presidential Presidential system showed up with 1787 System constitution in America continent and since then just in America, the system Presidency system is the unique system. implemented successfully. The other Generally, it composes of President, countries implemented this system, the Congress and Supreme Court. It also called political stability may change depending on division of power. This system separates countries’ social and political structures. execution, legislation and judiciary. Although there is check and balance system such as Presidential system depends on the solid between Senate and House of separation of powers. In the system, there is Representatives with sharing legislative equality of arms but in the practice, power, they cannot dismiss or interfere each executive organ is more superior than other. legislative organ. Being executive organ Presidential system is a product of human more powerful, is the biggest factor why to mind. The constituent assembly gathered in prefer this system. Yet to implement this Philadelphia in 1787 and after long system successfully, needed advance discussions, this system was created. Basic democracy and high social level. Otherwise, features of this system is that unites the system easily can turn to individual democracy and individual potency together. dictatorship. This is the reason why except The motherland of this system is America Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 157 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Hasan GÖNDER this is the reason why when any country Well known main characters of wishes to implement this system, firstly they presidentialism are one head of state instead need to apply to American Constitution. Yet of two heads in the executive brunch. The all countries who applied, has been receiving fixed tenure of government and firm different undemocratic consequences. separation of power between three fundamental organs of state distinguish the According to Sartori (1994), Presidentialism presidential system from the parliamentary is generally defined by three criteria. First, government. the head of state is popularly elected (directly or indirectly) for a fixed time span; Other main characteristics of presidentialism second, the parliament can neither appoint can be stated as follow: nor remove the government; third, the head of state is also the head of government (p. Popular election for a fixed office time 84-85). (legislation has little or no control of 1.2 General Characteristic of Presidency the selection process and removal), System Presidential control over the selection and removal of the ministers, In presidential system there is a strong Cabinet members are appointed out of executive organ. The President represents the legislative branch, his nation. Because of s/he elected by President has veto power, yet popular will, his sovereignty came from legislative branch makes the budget, people. The president irresponsible on his Two separated institutions, mutual acts and s/he has authority. If someone checks and balances, mention about presidential system, s/he President has no right to propose refers to ‘one person’. Presidential system’s legislation (Mainwaring, 1990: 202- root came from constitution. Founders of 205). U.S. constituted several rules and then they settled their states. Due to this reason, 1.3 Advantages of Presidential System presidential system has different features After mentioning the main and the distinct contrary to others. characters of the presidential system, we will focus on how a presidential system has Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 158 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Presidential System and Its Applicability to Turkey positive advantages and functional priorities The assembly is not source and legitimacy of in the sense of political activities. president and cannot dissolve the president since citizens directly elect him or her. First of all, it is clear that one of the advantages of presidential systems is a Disadvantages of Presidential System strong and stable government. If we look at In the presidential system like in the the presidential system in the United States, parliamentary system, there are it is obvious the system provides a long and disadvantages of the system as well as stable government. However, we cannot say advantages and positive sides. In this part I that other countries who applied this system try to summarize and point out some basic also have similar outcomes like U.S. The disadvantages of the presidential system. second crucial and significant character of presidential system is that it addresses the Although those disadvantages are not broad and the colorful identities and definite, and they are sometimes relative, provides consensus. In the presidential those interpretations and outlooks should be system, there is not a coalitional considered for comparing both sides of the government, so any candidate president medallion concerning presidential system. should get votes of majority in order to come to office of presidency. That is why One of the disadvantages of presidential candidates should be close and address more system is a zero sum game. According to and more voters in order to gain the Juan Linz (1990), when president gains, he competition in the election. Another would see himself as the representative of important character of presidential system is, the majority and accepts every political it also brings accountability. Finally, direct activity as legitimate (p. 51-69). election of the president is a significant character of presidential system in sense of There is an independent way of election by democracy. Electors have right and the population for the authority of president. opportunity to determine directly the It is a threat and a risk that may lead the candidate presidents. Thus, the president is president to do anything as if legitimate. responsible directly to citizens and the President may turn embodiment of legitimacy of president comes from citizens. legitimate authority of the citizens. Minority Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 159 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Hasan GÖNDER could be a shadow of political activities in the system there is not any mechanism of presidential system. accountability. The accountability of the president is weak and nothing else may be With zero sum game, the Congress cannot done (p. 38-41). intervene in the political program of the president. The authority of the President is Third disadvantage of this system is the free from the congress. The president is not threat of abuse of power: A despotic derived of the Congress and would not feel government. All the arguments about the responsible toward the Congress since it is presidential system in Turkey are generally not the source of the legitimacy for the based on the abuse of power and despotic presidential office. president. What they show as examples, are the presidential models of Latin America. Secondly, in the presidential system, there is a peril of the gridlock. According to Juan According to Duverger, if the democratic Linz, since both organs, the legislature and system is not perfect and has serious the executive, come to authority with shortcomings, it is too dangerous to have legitimacy of democratic election by citizens, presidential system. In these circumstances, it means that both claims to be legitimate the president may make demagogy and act and may cause chaos and struggle between omnipotently with sole authority, where we themselves. Linz (1990) claims that it unfortunately see in the Latin and the African prepares a situation of chaos and uncertainty presidential systems. Duverger (1974) claims for the legitimacy (p. 84-91). that strong and well developed democracy is obligatory for a presidential system (p. 58- According to Lijphart (1992), there are not 59). necessary and obligatory reasons for the president to cooperate and take support of Scott Mainwairing (1993) claims that the the opposition. The constitution defines, presidential system is very open and accepts and promotes the president with a attractive for despotic governments and that super power and a sole executive power. is why there are many coups in Latin Thus, for Lijphart, it is a danger and it leads America. As a result of coups and the president to act solely. Therefore, in this revolutions, despotic regimes would grow Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 160 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Presidential System and Its Applicability to Turkey and dominate the public and the political life there is no countries to implement this (p. 202-205). system successfully. The main difference between American Like Mainwairing, Arend Lijphart (1989) presidential system and Latin American points out that compared to the countries’ presidential systems are the parliamentary regime, in the presidential differences of historical, cultural and social system there is not a trend and a tendency to structure. work and consult the Congress. Moreover, this leads the president to be stricter and To reflect Latin America’s general political firm in political issues. However, in a style, I will mention some of countries who parliamentary regime, political issues are applied this system. softer and flexible approaches. 2.1 Brazil 2. The Presidential System of Latin American In Brazil, president has executive power and Countries also has some authority on legislative activity. In country, there is undisciplined If we directly look at America where the multi-party system. Presidents typically take system existed then in theory, it will be some constitutional measures to carry out impossible to see negative sides of the their policies. Presidents partial veto power system. let him to make adjustment on articles. We can see negative sides of this system by President prepares the budget and Congress examining Latin American countries. Settled cannot make serious changes on this draft. political culture and political potency in Latin President can bring back the unapproved America countries prevent to make this enactment to Congress (Akman, 2007: 187). system successful and allow us to look this Apart from that in many subject, president system in every respect. can undertake unpolitical and extralegal Latin American countries imported this applications, especially in federate level, system and implemented without adapting some of the groups’ support has been used countries’ conditions. Therefore, armed to the detriment of rivals. forces sometimes take control of governments. Within these countries, almost Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 161 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Hasan GÖNDER The system in Brazil, many times it has been operability provide a good basis (Akman, deviated undemocratic ways. The reason 2007:191). was that countries’ federal structure, presidential tradition, and political favoritism has been important factor. 2.3 Argentina 2.2 Chile In the general sense, presidential system in Argentina has been evaluated as the most In Chile, instability showed up as a major positive one in the continent. issue. Presidential system has been applied for a long time in Latin American countries Argentina is under favor of two strong party caused many politic depressions. For systems; president gets perpetual support of president, it has been very hard to manage legislative organ. With this support, the country. Like in Brazil, president needs president can go into constitutional various groups support and most of times he modification. With committed constitutional did not get this support. In the country, there modification, president’s influence on was shattered party system and there are jurisdiction has been decreased. On the many minority groups. other hand, on legislative area, president’s authority has increased on partial veto According to Chile’s constitution, presidents power and extraordinary situations have authority to publish a decree on various enactments. subjects. Besides that, presidents have authority to declare extraordinary situations Most people and experts claim that and during this extraordinary situation, depressions that Argentina faced so far, president can restrict political and syndicate originated from economic crisis and they freedoms. were social depressions. It was not connected to current political system. The biggest chance of Chile’s presidential system, inversely Brazil, Peru, Ecuador, and 2.4 Peru Bolivia, partial party system’s actors are In the continent, Peru is the only country strong and relatively institutionalized parties. who deviates from the democratic ways and Therefore, for presidential system in Chile’s the system become undemocratic. President often adjourns parliament and suspends all Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 162 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Presidential System and Its Applicability to Turkey freedoms. This feature is related to governance for that time period falls into president’s strong executive function abeyance. whether or not to adjourn parliament It should be noted that each presidential originate from country’s indigenous system, independent from legal practices dynamics not presidential system. and rules, has unique characteristics arising Peru’s current political and social style from social, cultural and traditional aspects prevents to settle the democracy. In this of the specific country. Thus, a reductive manner, this system is prone to turn approach to evaluate systems without individual potency. To be managed by concerning distinctive features of each presidential system increases the threat to country can cause misinterpretations in deviate anti-democratic way. As is seen, In debates. Debates on a presidential system in Latin America countries presidential system Turkey should be more fact-based and offer has potential to turn individual dictatorship. reliable information to create a more Although in some periods, it provided productive platform for discussion. democratic continuity; in general manner, coup de main and crisis threatening stay up to date. Yet, besides preferring this system, 3. DISCUSSION ON POSSIBLE PRESIDENTIAL it is also related to government’s habits. SYSTEM IN TURKEY Even it is obviously known that Latin Discussions regarding the possible political American countries where managed by system change are going on for some time parliament democracy, the system will likely and neither side seems to convince the mass collapse. population with the merits of their arguments yet. Turkish political system, As Taha Akyol said (1997), presidents became which is parliamentarism for a long time, has dictators in Latin American countries but the been through hard times for many years and reason for this was not related to some of its problems are structural which presidential system. It is related to its social means that they cannot be eliminated with structure. small changes. It is obviously known that Due to various regional civil wars and cold since the foundation of the young republic, war, they attach importance and strengthen Turkey has witnessed three constitutions, their military forces. Thereby, democratic four military interventions and sixty Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 163 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Hasan GÖNDER governments in eighty years, which proves presidency took its place in Turkish political that something is not going right. history. The institute was defined and its powers were determined within the scope of 3.1 Constitutions the constitution. The powers assigned to In order to understand how the presidency president were rather limited compared to took its current shape in terms of power and these days. By qualifying the president to the liability, the change through the historical execution, the constitution actually indicated process should be studied. Within this scope, that the execution belonged to the the constitutions of 1921, 1924, 1961 and 1982 assembly. periods and the law amendment executed in The assembly was the only body using the 2007 carry importance. national sovereignty directly. The government and president were qualified to 3.1.1 1921 Constitution the legislative power. The period of transition to the republic was When 1924 constitution is considered, it is rather painful. When the country’s military observed the president had only symbolic and political situation of the time are powers. It can be claimed that these considered, it is figured out why the political symbolic powers were given to the president structuring was rushed. 1921 constitution as he was an institution of the execution. gathered executive, legislative and judicial These powers are to preside over special bodies in one hand in parallel with the ceremonies, signing the laws and vetoing the requirements of this period. There was not a law, choosing the PM and pardoning power. head of the state in the assembly (Beceren and Kalağan, 2007: 173). government founded by this constitution. Only the Speaker has the representative 3.1.3 1961 Constitution authority. The speaker was also the head of This constitution was made after the the cabinet councils (Karatepe, 2013: 225). transition to the multi-party system. The position of the president became clear. The 3.1.2 1924 Constitution period resulted in loosening the ties of the The state model was determined in 1924 legislation and execution in this constitution. constitution. It was moved from assembly 1961 constitution was issued as a reaction government to parliamentarian system. The against the political problems of the period. Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 164 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed Presidential System and Its Applicability to Turkey It was figured out from the powers of the president that it was a reaction constitution. 3.1.4 1982 Constitution 1961 constitution stated that the sovereignty The president’s power was extended and is used by the authorized bodies and this power was out of the judicial control. It president was one of these authorized can be said that in 1982 constitution, it was bodies (Eroğlu, 1978: 39). desired both strengthen and limited the The president’s term of office was enlarged constitution. The reason of this dilemma is to with this constitution and extended to 7 control the tension in the country with a years. With this amendment, the ties powerful execution and to avoid forming an between the president and legislation were uncontrolled power that would personalize loosened (Beceren and Kalağan, 2007: 174). the government with a limited executive The efforts to strengthen the execution and power (Fendoğlu, 2010: 11). to move it away from the legislation can be The president has power but it does not seen clearly in 1961 constitution. The thought allow him to be the only ruler of the of building a powerful execution started in execution. He needs to have liability in order that period and in order to manage this, the to broaden his powers. However, president’s execution should not have taken its power being without liability is a rule. According to from the assembly. Therefore, in 1961 1982 constitution, the one who is liable is the constitution while defining the main feature authority. Because of the parallelism of the presidency institution in articles 97 between the liability and power, president and 6, this sentence “the president is the cannot perform a political action in every head of execution and the state” was used situation alone. For this reason, even in (Eroğlu, 1978: 38). president’s foreign visits, the liable minister is present along with him (Bilir, 2013: 303- 1961 constitution gave a special place to 305). president. Besides it was a constitution aimed at meeting the requirements of its Some people claims that there is a formula to period. While the president could be a form a military bureaucratic structure instead member of his party in 1924 constitution, he of a political government determined by could not be a member of a party in 1961 election. It was discussed from time to time constitution (Özbudun, 2013: 212-213). in public that the powers given to president Cilt/Volume: 2, Sayı/Issue: 1 Haziran/June 2017, ss./pp. 156-171. 165 ISSN: 2548-088X http://dergipark.gov.tr/bseusbed
Description: