CONSTITUTIONAL LAW
FINAL EXAM
Name : Neba Wais Alqorni
Student Number : 180613056
(1). Turkey has a quasi-presidential system. The constitution was significantly amended
on 27 April 2017 as a result of a referendum (on 16 April 2017) on substantial reforms of
the governance system. Previously, the country was governed by the parliamentary
system, and through the constitutional amendments, the system of governance has
been changed to the current one, effective from 9 July 2018. Given that the legal
system is civil law (and not common law), the power of court decisions is limited, and
these are not regarded as a main source of law. Accordingly, although prior higher court
decisions can guide judges in the decision-making process, they are not binding and
can be disregarded when reaching a conclusion in the case at hand. However, the
decisions of the Court of Appeal's General Assembly on the Unification of Judgments
are binding on judges. This is not a separate appellate body but an assembly of the
Court of Appeal which renders decisions regarding points of laws on which its different
chambers disagree.
(2). The Constitution is the of top ranks in the hierarchy of norms in Turkish Law. Within
the competence of Parliament to the Constitution, it is legislated and amended different
from law with more difficult procedures. The Constitution of the Republic of Turkey of
1982, in the last sentence of the last paragraph of the article 90, states that “in the case
of a conflict between international agreements, duly put into effect, concerning
fundamental rights and freedoms and the laws due to differences in provisions on the
same matter, the provisions of international agreements shall prevail”
(3). Federal is the blended form of government, combining a comprehensive
government such as the federal government with provincial governments in a legislative
system. Regional is a national doctrine focusing on the advancement of a federal or
social arrangement which is based on one or more provinces which regulate financial
advantages of a distinct region or the community of regions. Federalism is a political
concept in which a group of members are bound together by covenant with a governing
representative head. The term "federalism" is also used to describe a system of
government in which sovereignty is constitutionally divided between a central governing
authority and constituent political units (such as states or provinces).6In politics,
regionalism is a political ideology that focuses on the interests of a particular region or
group of regions, whether traditional or formal (political divisions, administrative
divisions, country subdivisions or subnational units). Regionalists aim at increasing their
region's influence and political power, either through movements for limited form of
autonomy (devolution, states' rights, decentralization) or through stronger measures for
a greater degree of autonomy (sovereignty, separatism, independence). Regionalists
often favor loose federations or confederations over a unitary state with a strong central
government.6So the most evident difference between the two is that federal units have
more autonomy in governing their affairs (except for external relations and foreign policy
which are competences of the federal government) than administrative regions.