1.

Parliament as the Fundamental Organ of Modern Democratic States: The parliament is

considered the most fundamental organ of modern representative democracies. It is
seen as a necessary condition for democratic governance, although its existence alone
may not be sufficient. The parliament plays a crucial role in limiting and controlling
the use of executive power, which is one of the aims of constitutionalism.
2. Historical Development of Parliament: The origins of parliament can be traced back to
the assemblies of the feudal era, which initially functioned as advisory councils. Over
time, these assemblies underwent changes in their functions due to the crisis of
feudalism and the emergence of capitalist relations, particularly the rise of the
bourgeoisie. The fiscal crisis of monarchies led to the taxation of the bourgeoisie,
which eventually resulted in their demand for involvement and control over budgetary
powers, leading to the idea of "no taxation without representation." Burası başlı başına
bir soru.
3. Dominance of the Bourgeoisie in Parliament: With the dissolution of feudalism and
the dominance of capitalism, the bourgeoisie became the dominant class in
parliaments. The members of these assemblies shifted from feudal lords, aristocrats,
and clergymen to representatives of the bourgeoisie. This shift was a result of the
transformation of political and economic systems during the transition from feudalism
to capitalism.
4. Transformation in Democratic Systems: The formation of political parties and the
concept of party discipline brought about significant transformations in democratic
systems and parliaments. In parliamentary systems, the executive generally exercises
control over the parliament, except in the case of minority governments. On the other
hand, in presidential systems, the president, if a member of the majority party in
parliament, exercises control.
5. Control Mechanisms: Apart from the executive and the legislature, another mechanism
for controlling power is the judiciary and the Constitutional Court. These institutions
play a role in ensuring the balance of power and upholding constitutional principles.
6. Ottoman-Turkish Constitutional Development: The Ottoman-Turkish constitutional
development followed a similar process with some differences. During the dissolution
of the Ottoman Empire, national insurrections emerged, driven by the bourgeoisie and
their desire for a constitutional system. The emerging bourgeoisie in the empire,
mostly composed of non-Turks, supported the Young Turks and the 1876 constitution
based on Ottoman citizenship.
7. Turkish Revolution and Parliamentary Sovereignty: The Turkish Revolution resulted
in the establishment of popular sovereignty based on parliamentary sovereignty.
However, the Turkish case had an underdeveloped, dependent, and belated character
due to the formation of the Turkish bourgeoisie after the revolution. The transition to a
multiparty system in the late 1940s and 1950s was seen as a bourgeois attempt to
achieve political dominance through their political parties.
8. Significance of Parliament in Turkish Constitutional History: Despite the influence of
the bourgeoisie on governmental policies, the concept of parliamentary sovereignty
and the idea of the national assembly have always been central to the Turkish
constitutional system until the 2017 referendum. Various constitutional amendments
and different constitutions, such as the 1909 constitutional amendments, the 1921
Constitution, the 1924 Constitution, the 1961 Constitution, and the 1982 Constitution,
have highlighted the significance of popular sovereignty and the parliament, despite
their varying approaches to the relations between parliament and other state organs.
In summary, the parliament is considered the fundamental organ of modern representative
democracies, playing a crucial role in limiting executive power. Its historical development can
be traced back to the crisis of feudalism and the emergence of the bourgeoisie. The
dominance of the bourgeoisie in parliaments led to demands for control over budgetary
powers and the formulation of laws. In the Turkish context, the transition to a multiparty
system reflected the bourgeois attempt to achieve political dominance, while parliamentary
sovereignty and the national assembly

1. Fundamental Powers of the Grand National Assembly (GNA): The 1982 constitution
grants the Grand National Assembly (GNA) of Turkey several fundamental powers.
These powers include legislative power, control over the executive, and budgetary
powers. The GNA is responsible for making laws, overseeing the actions of the
executive branch, and approving the national budget.
2. Decreasing Power of Parliament: Following the constitutional amendments of 2017,
the power of the parliament, particularly in terms of control over the executive and
budgetary powers, has decreased. The specific changes made to the constitution during
this amendment may have resulted in a shift of power away from the parliament
towards other branches or institutions of government.
3. Composition of the GNA: The GNA is composed of 600 deputies who are directly
elected by the people. They are elected based on a party-list proportional electoral
system, specifically using the D'Hondt method. The country is divided into 87
electoral districts, and the deputies are elected to represent the entire nation rather than
specific constituencies.
4. Trustee Model of Representation: According to Article 80 of the constitution, the
deputies in the GNA are considered representatives of the entire nation rather than just
their respective constituencies. This reflects the trustee model of representation, where
the deputies are expected to act in the best interests of the entire nation, rather than
solely focusing on the concerns of their local constituents.
5. Parliamentary Privileges: Members of the GNA enjoy certain parliamentary
privileges. These privileges include freedom from arrest and freedom of speech. They
are not held personally responsible for their parliamentary actions, such as voting or
expressing their opinions. Deputies cannot be tried, detained, questioned, or arrested
without the prior consent of the GNA. These privileges are intended to ensure the
independence and autonomy of the members of parliament in fulfilling their duties.

In summary, the 1982 constitution grants the Grand National Assembly (GNA) of Turkey
legislative power, control over the executive, and budgetary powers. However, the power of
the parliament has been reported to decrease following constitutional amendments in 2017.
The GNA is composed of 600 deputies elected through a party-list proportional electoral
system, representing the entire nation based on the trustee model of representation. Members
of the GNA enjoy parliamentary privileges, including freedom from arrest and freedom of
speech, and are not held personally responsible for their parliamentary actions without the
consent of the GNA.
 1. Legislative Power: The legislative power is considered the most significant power of
the Grand National Assembly (GNA). It involves the authority to make, amend, and
repeal laws. Through legislation, the GNA establishes the general legal framework
that governs the exercise of executive power and the functioning of the state as a
whole. This power allows the parliament to shape the legal system and set the rules
that govern society.
2. Standing Orders of Assembly: The workings and functioning of the parliament,
including the legislative process, are regulated by the Standing Orders of Assembly or
the Rules of Procedure. These rules outline the procedures and guidelines that govern
the conduct of parliamentary sessions, the introduction and consideration of bills, the
debate and voting processes, and other aspects related to parliamentary activities. The
Standing Orders of Assembly are considered part of the constitutional law and are
subject to the review of the Constitutional Court (as stated in Article 95 of the
constitution).
3. Procedure of Legislation: The procedure of legislation involves several stages. First, a
bill is proposed by a member or a group of members of the GNA. The bill outlines a
proposed law or changes to existing laws. Once a bill is proposed, it goes through a
process of debate and discussion within the parliament. During this stage, deputies
have the opportunity to express their views, present arguments, and suggest
amendments to the bill.

After the debate, a voting process takes place. Deputies vote on the bill, either to pass it as it
is or with amendments, or to reject it. The bill needs to receive a majority of votes to be
approved.

If the bill is approved by the parliament, it goes through the promulgation (ilan) stage.
Promulgation refers to the formal act of enacting the law and making it officially binding.
This usually involves the signature of the president or another authorized official, after which
the law comes into effect.

4. Empowerment of Deputies: Deputies in the GNA have the authority to introduce bills.
This means that they have the power to propose new laws or suggest changes to
existing laws. This empowerment allows deputies to actively participate in the
legislative process and contribute to the development of the legal framework of the
country.

In summary, the legislative power of the Grand National Assembly (GNA) is the most
significant power it possesses. The workings and procedures of the parliament, including the
legislative process, are regulated by the Standing Orders of Assembly. The legislative
procedure involves the proposal of bills, debates and discussions, voting, and promulgation.
Deputies are empowered to introduce bills, giving them an active role in shaping the legal
framework of the country.

Control over the executive is another important power of the Grand National Assembly
(GNA). However, it's important to note that the control over the executive in the Turkish
constitutional system is exercised within a presidential system.
 1. Parliamentary Inquiry: The parliamentary inquiry is a mechanism through which the
GNA can obtain information on a specific issue from the executive branch. Deputies
have the power to ask questions and seek clarification from the vice presidents and
ministers regarding government policies, actions, or any matter of public concern.
This mechanism allows the parliament to hold the executive accountable and ensure
transparency in government affairs.
2. General Debate: The general debate is a parliamentary procedure where deputies
discuss a specific issue that is of societal importance or relates to government policies.
It provides an opportunity for deputies to express their views, present arguments, and
engage in a comprehensive discussion on the topic. The general debate allows for a
broad examination of issues and facilitates the exchange of ideas within the
parliament.
3. Parliamentary Investigation: The parliamentary investigation is conducted by the GNA
to examine allegations of wrongdoing or criminal activities related to the vice
presidents and ministers. It is initiated when there are suspicions of misconduct or the
commission of a crime by government officials. The investigation aims to uncover the
truth, gather evidence, and hold accountable those responsible for any wrongdoing.
This mechanism ensures that the executive branch is subject to scrutiny and can be
held accountable for their actions.
4. Written Question: Members of Parliament have the right to submit written questions to
the vice presidents and ministers. These questions seek specific information or
clarification on particular issues. The vice presidents and ministers are required to
provide written responses within a specified time frame, usually fifteen days. This
mechanism allows deputies to obtain detailed information and hold the executive
branch accountable for their decisions and actions.

It's important to note that unlike in some parliamentary systems, there is no vote of confidence
procedure in the Turkish constitutional system. The GNA does not have the power to directly
remove the government through a vote of confidence. However, the mechanisms mentioned
above, such as parliamentary inquiries and investigations, provide avenues for the GNA to
exercise oversight and control over the executive branch.

Budgetary powers are another important aspect of the legislative power of the Grand National
Assembly (GNA). In a parliamentary system, the parliament has the authority to debate and
adopt budget bills and final account bills, which determine the allocation of financial
resources and the government's spending.

However, in the Turkish constitutional system, which operates under a presidential system,
the budgetary powers of the parliament are particularly significant due to the absence of a
vote of no-confidence mechanism. Unlike in a parliamentary system where the government's
failure to pass a budget can lead to its removal, the president in a presidential system does not
face such immediate consequences.

This situation places the president in a position where they need to negotiate and make
concessions to gain the approval of the parliament for the proposed budget. The budgetary
process becomes a means for the parliament to exercise its control over the executive and hold
the president accountable.
In the Turkish case, there is a restriction on the budgetary power of the parliament that favors
the president. According to the related article, if the new budget proposed by the president is
not accepted by the parliament, the previous budget remains in effect until the new one is
approved. This provision limits the parliament's ability to reject the president's budget
proposals, as the old budget continues to be implemented until an agreement is reached.

While the parliament retains its authority to debate and adopt budget bills, this provision gives
the president an advantage by ensuring that there is no interruption in the implementation of
the budget even if the parliament does not approve the proposed changes. It highlights the
importance of negotiations and compromise between the president and the parliament in the
budgetary process.