Comparison of similar powers of presidents: Turkish president vs. French president
The President of the Republic is vested with the power to grant individual pardons (art. 17)
The President of the Republic shall accredit ambassadors and envoys extraordinary to foreign powers; foreign ambassadors and envoys extraordinary shall be accredited to him (art.14)
The President of the Republic shall be Commander-in-Chief of the Armed Forces. He shall preside over the higher national defense councils and committees (art.15)
The President of the Republic shall appoint the Prime Minister. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government. On the recommendation of the Prime Minister, he shall appoint the other members of the Government and terminate their appointments (art.8)
The President of the Republic shall preside over the Council of Ministers (art.9)
The President of the Republic shall promulgate Acts of Parliament within fifteen days following the final passage of an Act and its transmission to the Government. He may, before the expiry of this time limit, ask Parliament to reopen debate on the Act or any sections thereof. Such reopening of debate shall not be refused (art.10)
The President of the Republic shall sign the Ordinances and Decrees deliberated upon in the Council of Ministers. He shall make appointments to the civil and military posts of the State (art.13)
As a result of this comparison we made shows that two presidents, president of turkey and France of president, are nearly same power. Our system is not semi-presidential system yet. But our president has a power like French president. And this leads to conflict in executive body. This outcome shows us that semi-presidential system has a danger for executive body. There may be tension between president and prime minister. This is experienced in the case of different party president and the prime minister. If it comes from the same party president and prime minister, semi-presidential system turns to a presidential system.
If it comes from the different party president and prime minister, semi-presidential system turns to parliamentary system. From the first period also began to Gaulle’s, there is majority of different political groups against president, he dissolve parliamentary and then new election is made. Pompidou react the President elected by the people regarding the results of the referendum held in 1962 and then Gaulle lowered Pompidou government. After that, the events of May 1968 in the first election, it is rejected referendum regarding limited senate and local government duties, he resigned in 1969. Gaulle applied this method, and then this method has become customary. However, Mitterrand era began in the period of cohabitation. In other words, president and prime minister are reconciled. This topic isn’t included our topic, because we are responsible for 5.french republic in 1958-1980 years.
Articles discussed and criticized in 58 of French constitutıon
Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the Houses of Parliament and the Constitutional Council (art.16)
‘’This article is criticized for French public because this article may lead to dictatorship’’.
The Prime Minister, after deliberation by the Council of Ministers, may make the Government’s programme or possibly a general policy statement an issue of a vote of confidence before the National Assembly. The National Assembly may call the Government to account by passing a resolution of no-confidence. Such a resolution shall not be admissible unless it is signed by at least one tenth of the Members of the National Assembly. Voting may not take place within forty-eight hours after the resolution has been tabled. Solely votes cast in favor of the no-confidence resolution shall be counted and the latter shall not be passed unless it secures a majority of the Members of the House. Except as provided for in the following paragraph, no Member shall sign more than three resolutions of no-confidence during a single ordinary session and no more than one during a single extraordinary session. The Prime Minister may, after deliberation by the Council of Ministers, make the passing of a Finance Bill or Social Security Financing Bill an issue of a vote of confidence before the National Assembly. In that event, the Bill shall be considered passed unless a resolution of no-confidence, tabled within the subsequent twenty-four hours, is carried as provided for in the foregoing paragraph. In addition, the Prime Minister may use the said procedure for one other Government or Private Members’ Bill per session. The Prime Minister may ask the Senate to approve a statement of general policy (art.49) Conclusion: ‘Rationalized parliament’
Statutes shall determine the rules concerning:
– civic rights and the fundamental guarantees granted to citizens for the exercise of their civil liberties; freedom, diversity and the independence of the media; the obligations imposed for the purposes of national defense upon the person and property of citizens;
– Nationality, the status and capacity of persons, matrimonial property systems, inheritance and gifts;
– the determination of serious crimes and other major offences and the penalties they carry; criminal procedure; amnesty; the setting up of new categories of courts and the status of members of the Judiciary;
– The base, rates and methods of collection of all types of taxes; the issuing of currency.
Statutes shall also determine the rules governing:
– the system for electing members of the Houses of Parliament, local assemblies and the representative bodies for French nationals living abroad, as well as the conditions for holding elective offices and positions for the members of the deliberative assemblies of the territorial communities;
– The setting up of categories of public legal entities;
– The fundamental guarantees granted to civil servants and members of the Armed Forces;
– Nationalization of companies and the transfer of ownership of companies from the public to the private sector.
Statutes shall also lay down the basic principles of:
– The general organization of national defense;
– The self-government of territorial communities, their powers and revenue;
– The preservation of the environment;
– Systems of ownership, property rights and civil and commercial obligations;
– Employment law, Trade Union law and Social Security.
Finance Acts shall determine the revenue and expenditure of the State in the conditions and with the reservations provided for by an Institutional Act. Social Security Financing Acts shall lay down the general conditions for the financial equilibrium thereof, and taking into account forecasted revenue, shall determine expenditure targets in the conditions and with the reservations provided for by an Institutional Act. Programming Acts shall determine the objectives of the action of the State. The multiannual guidelines for public finances shall be established by Programming Acts. They shall contribute to achieving the objective of balanced accounts for public administrations. The provisions of this article may be further specified and completed by an Institutional Act.
‘’The Houses of Parliament may adopt resolutions according to the conditions determined by the Institutional Act. Any draft resolution, whose adoption or rejection would be considered by the Government as an issue of confidence, or which contained an injunction to the Government, shall be inadmissible and may not be included on the agenda’(art.34,34-1) conclusion: ‘’This article is against the principle of the generality of the legislative authority and nobility’’.