Yasamadan Yürütmeye İktidar Devri Olarak Torba Yasa(ma)
THE OMNIBUS LAW (LEGISLATION) AS A FORM OF POWER TRANSFER FROM LEGISLATION TO EXECUTIVE

Summary/Abstract: In line with the new conditions created by the 1973 economic crisis, the bourgeois state has gained a new form which intervenes more into the economy. This form known as ”authoritarian statism” called by Poulantzas has erased the boundaries between legislation, executive and jurisdiction branches while transferring the power from legislation to the executive. Under the circumstances where the legislation lost its ground in the state structure, the initiative of law proposing is mostly captured by the executive branch. This situation has weakened the Rule of Law because of the increasing tendency of executive branch to pass personalized laws for the “urgent economic necessities”. It’s also the same transformation witnessed in bourgeois state in Turkey particularly after 1980. Because of the strong legislation before 1980, the transformation could not be realized through democratic ways and it was only achieved by the 1980 military coup. 1980 coup have created a strong presidency and executive by means of putting high level electoral threshold (10 percent), by giving increased authority to the executive branch in issuing decrees having force of law and twin bureaucracy. The transformation making hegemonic the executive among the other branches has reached to a new phase after the 2001 crisis. The 2001 Crisis was a moment of collapse for central right and left parties that could not complete the neoliberal transformation. After the crisis, the election held in 2002 transferred the power to a new party, AKP. Since then, during the AKP reign in power, Turkey has experienced many transformations including in the sphere of separation of powers. The reality that shapes the post-2002 process is the transfer of legislation power to the executive branch. This has been realized not only on the ground created by the 1982 Constitution, but also with the omnibus law practices accelerated de facto since the 22nd Legislation Term. Basic law and the omnibus law are often used in the same way, however with different general features and the legalization technics, the omnibus law is a new type of law that developed de facto. This law and the new law-making form it brought have become the main tools of transferring the power from legislation to the executive in the period of post-2001.

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