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Government of Turkey

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Government of the Republic of Turkey
Formation29 October 1923; 101 years ago (1923-10-29)
Founding documentConstitution of Turkey
Jurisdiction Turkey
Websitewww.turkiye.gov.tr
Legislative branch
LegislatureParliament
Meeting placeGrand National Assembly
Executive branch
LeaderPresident
HeadquartersPresidential Complex
Main organPresident
Departments17
Judicial branch
CourtSupreme Court
SeatAnkara
flagTurkey portal

TheGovernment of Turkey (Turkish:Türkiye Cumhuriyeti Hükûmeti) is thenational government ofTurkey. It is governed as aunitary state under apresidentialrepresentative democracy and aconstitutionalrepublic within apluriformmulti-party system. The term government can mean either the collective set of institutions (theexecutive,legislative, andjudicial branches) or specifically theCabinet (the executive).

Constitution

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Main article:Constitution of Turkey

According to the Constitution, Turkey's government system is based on aseparation of powers. The Constitution states that the legislative power is vested in theGrand National Assembly of Turkey (art. 7), that the executive power is carried out by thePresident of Turkey (art. 8) and that the judicial power is exercised by independent and impartial courts (art. 9) It also states that parliamentary elections and presidential elections shall be held every five years (art. 77). The parliament accepts the law proposals prepared by the deputies (88 art.) The president promulgates the laws adopted by the Parliament (art. 89). The president may veto some of the provisions of the law and return it to the Parliament for reconsideration, but the approval of the president is not needed if the majority of the Parliament rejects the reconsideration of the law or provisions of the law (art. 89). The president can appeal to theConstitutional Court for the annulment of all or certain provisions of laws on the grounds that they are unconstitutional in form or in content (art. 104/7). In such a case, the decision of the Constitutional Court is final (art. 153).[1]

Branches of government

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Legislative branch

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Main article:Parliament of Turkey
Parliament of Turkey

Legislative power is vested in a single-chamber parliament (theGrand National Assembly of Turkey) with 600 members. The members are elected for a period of five years according to theD'Hondt method. Every citizen over the age of eighteen is eligible to be a deputy. Members of the Grand National Assembly can not hold office in state departments and other public corporate bodies and their subsidiaries.

Members of parliament can sit on behalf of a political party or as anindependent parliamentarian. They are also delegates for the province in which they are elected. A simple majority is required to amend a law and a three-fifth majority to amend the constitution. Bills can be introduced by any member of parliament.[2]

The duties and powers of the Grand National Assembly of Turkey are to enact, amend, and repeal laws; to debate and adopt the budget bills and final accounts bills; to decide to declare war; to approve the ratification of international treaties, to decide with the majority of three-fifths of the Grand National Assembly of Turkey to proclaim amnesty and pardon; and to exercise the powers and carry out the duties envisaged in the other articles of the Constitution.

Executive branch

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The executive power in the Turkish government is vested in the president of Turkey, where power is often delegated to the Cabinet members and other officials.

President

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Main article:President of Turkey
ThePresidential Külliye

The executive branch, under Part III of the Constitution, consists of the president and those to whom the president's powers are delegated. The president is both thehead of state andgovernment, as well as the militarycommander-in-chief. The president, according to the Constitution, must "ensure the implementation of the Constitution", and "ensure orderly and harmonious functioning of the organs of the State".

The president may sign legislation passed by the Parliament into law or mayveto it, preventing it from becoming law unless a simple majority in the Parliament vote to override the veto. On the approval of the President, laws are published in theOfficial Gazette and they come into force by virtue of that publication unless a specific effective date is stipulated within the law itself. The President has also the ability to introduce pieces of legislation by issuing presidential decrees. However, laws introduced by the Parliament prevail over the presidential decrees with respect to the same subject in the hierarchy of norms. Furthermore, fundamental and personal rights or duties and political rights or duties cannot be regulated under presidential decrees.[2]

Cabinet, ministries, and agencies

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Disaster and Emergency Management Presidency HQ in Ankara
Main articles:Cabinet of Turkey andMinistries of Turkey

The daily enforcement and administration of federal laws is in the hands of the various executive ministries, to deal with specific areas of national and international affairs. TheCabinet of Turkey includes the president and cabinet ministers. As part of the separation of the legislative branch from the executive branch, members of the cabinet cannot be a member of the parliament during their ministry.

In addition to ministries, a number of staff organizations are grouped into the Executive Office of the President. These include theNational Security Council, theState Supervisory Council, theNational Intelligence Organization, theDirectorate of Communications,Disaster and Emergency Management Presidency and thePresidency of Strategy and Budget. There are alsostate-owned enterprises such as theTurkish Electricity Transmission Corporation.

Judicial branch

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Main article:Judicial system of Turkey
Court of Cassation in Ankara, Turkey.

TheConstitutional Court, theCourt of Cassation, theCouncil of State, and theCourt of Jurisdictional Disputes are the supreme courts mentioned in the judicial section of theConstitution. The courts operate within the framework ofcivil law.

The Constitutional Court checks whether laws are in accordance with the constitution. Since 2005, the legal principles as laid down in the various international human rights treaties have also been assessed. Government institutions, governing parties, and the opposition have direct access to the Court. Citizens can also plead the alleged unconstitutionality of a particular law in an ongoing lawsuit.

International treaties, on ratification by the Parliament, have hierarchically the same effect as codes and statutes. However, international treaty provisions involving basic rights and freedoms prevail against domestic codes and statutes.[2]

There are also specialised courts for certain legal areas within the scope of the powers of civil courts such as cadastral courts, commercial courts, consumer courts, intellectual and industrial property courts, and labour courts.In certain disputes, some quasi-legal authorities must be used before applying to court such as the Sports Arbitration Committee and theTurkish Football Federation Arbitration Committee.[2]

Elections and voting system

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Main articles:Electoral system of Turkey,Elections in Turkey, andPolitics of Turkey
Citizens casting vote in 2019 Local elections in a public school.

All Turkish citizens over 18 years of age have theright to vote in elections and to take part in referendums. Turkish women achieved voting rights in local elections in 1930.[3] Four years later,universal suffrage was implemented in all Turkish elections.[3] Turkey has been amulti-party democracy since 1950.

A brief summary of the electoral systems used for each type of election is as follows:

Local administration

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Main article:Local government in Turkey

The Constitution enumerates local governments as municipalities, special provincial administrations and villages. The administration of the provinces is based on the principle ofdevolution of powers.[4] The regulatory and budgetary autonomy of local governments is secured in the Constitution.[5]

A governor is representing the government in the province and is also the figurehead and executive organ of the special provincial administration. Governors act as the chairman of the provincial executive committee.[6]

Ankara
Kırklareli
Edirne
Tekirdağ
Çanakkale
Balıkesir
Bursa
Yalova
Istanbul
Kocaeli
Sakarya
Düzce
Zonguldak
Bolu
Bilecik
Eskişehir
Kütahya
Manisa
İzmir
Aydın
Muğla
Denizli
Burdur
Uşak
Afyonkarahisar
Isparta
Antalya
Konya
Mersin
Karaman
Aksaray
Kırşehir
Kırıkkale
Çankırı
Karabük
Bartın
Kastamonu
Sinop
Çorum
Yozgat
Nevşehir
Niğde
Adana
Hatay
Osmaniye
K. Maraş
Kayseri
Sivas
Tokat
Amasya
Samsun
Ordu
Giresun
Erzincan
Malatya
Gaziantep
Kilis
Şanlıurfa
Adıyaman
Gümüşhane
Trabzon
Rize
Bayburt
Erzurum
Artvin
Ardahan
Kars
Ağrı
Iğdır
Tunceli
Elazığ
Diyarbakır
Mardin
Batman
Siirt
Şırnak
Bitlis
Bingöl
Muş
Van
Hakkâri

Finances

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See also:Central Bank of the Republic of Turkey

Taxation

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Main article:Taxation in Turkey

Most of the taxes are levied by the central government. However some specific taxes are levied by municipalities. Taxation system in Turkey is regulated by the Tax Procedure (TP) Law. It regulates the rights, burdens, carrying out duties along with principals of accrual. This Law consist of procedural and official provisions of all tax laws. The TP has five main sections: taxation, taxpayer duties, valuation, penalty provisions, tax cases.[7]

Budget

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The budget document often begins with thepresident's proposal toParliament recommending funding levels for the nextfiscal year, beginning January 1 and ending on December 31 of the year following. The expenditure of the State and of public corporations other thanstate-owned enterprises (SOE's) are determined by annual central government budgets.

See also

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References

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  1. ^"Turkish Constitution".anayasa.gov.tr. Anayasa Mahkemesi. Retrieved29 May 2020.
  2. ^abcdBacanak, Nihan (1 January 2020)."Legal systems in Turkey: overview".signon.thomsonreuters.com. Retrieved29 May 2020.
  3. ^abTürkiye'nin 75 yılı , Tempo Yayıncılık, İstanbul, 1998, p.48,59,250
  4. ^"CoR - Turkey".portal.cor.europa.eu. Retrieved29 May 2020.
  5. ^Yakar, Mürsel."In the Constitution".www.tbb.gov.tr (in Turkish). Retrieved29 May 2020.
  6. ^Yakar, Mürsel."Types of Local Governments".www.tbb.gov.tr (in Turkish).
  7. ^"Turkish Taxation System"(PDF). The Republic of Turkey Ministry of Finance Revenue Administration. 2016.

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