Theories of exceptional executive powers in Turkey, 1933–1945
Abstract Turkish constitutions have generally sought to limit the executive branch’s emergency powers by codifying and subjecting them to judicial and parliamentary supervision. In practice, however, ever since the single-party regime of the interwar years, cabinets have wielded wide powers to suspe...
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crcambridgeupr:10.1017/npt.2016.20 2024-06-16T07:42:59+00:00 Theories of exceptional executive powers in Turkey, 1933–1945 Parslow, Joakim 2016 http://dx.doi.org/10.1017/npt.2016.20 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0896634616000200 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms New Perspectives on Turkey volume 55, page 29-54 ISSN 0896-6346 1305-3299 journal-article 2016 crcambridgeupr https://doi.org/10.1017/npt.2016.20 2024-05-22T12:55:18Z Abstract Turkish constitutions have generally sought to limit the executive branch’s emergency powers by codifying and subjecting them to judicial and parliamentary supervision. In practice, however, ever since the single-party regime of the interwar years, cabinets have wielded wide powers to suspend rights and exercise discretion concerning both security issues and property and finance regimes. The result has been a legal system that, barred from explicitly embracing executive prerogative as a matter of principle, has instead dispersed “exceptional” powers throughout the fabric of the statutes, temporary laws, regulations, and decrees with which the state articulates its authority. The task of maintaining a semblance of normality and coherence within this scattered and contradictory system has been left to legal theoreticians. This article examines how three such theoreticians—the law professors Sıddık Sami Onar, Ali Fuad Başgil, and Ragıp Sarıca—responded to the cabinet’s recourse to emergency powers during the troubled 1930s and 1940s. Instead of defending rule-of-law principles, I argue, these formative figures integrated prerogative into the sphere of ordinary legality, thereby transforming exceptional powers into a normal mode of governance. Article in Journal/Newspaper sami Cambridge University Press New Perspectives on Turkey 55 29 54 |
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Abstract Turkish constitutions have generally sought to limit the executive branch’s emergency powers by codifying and subjecting them to judicial and parliamentary supervision. In practice, however, ever since the single-party regime of the interwar years, cabinets have wielded wide powers to suspend rights and exercise discretion concerning both security issues and property and finance regimes. The result has been a legal system that, barred from explicitly embracing executive prerogative as a matter of principle, has instead dispersed “exceptional” powers throughout the fabric of the statutes, temporary laws, regulations, and decrees with which the state articulates its authority. The task of maintaining a semblance of normality and coherence within this scattered and contradictory system has been left to legal theoreticians. This article examines how three such theoreticians—the law professors Sıddık Sami Onar, Ali Fuad Başgil, and Ragıp Sarıca—responded to the cabinet’s recourse to emergency powers during the troubled 1930s and 1940s. Instead of defending rule-of-law principles, I argue, these formative figures integrated prerogative into the sphere of ordinary legality, thereby transforming exceptional powers into a normal mode of governance. |
format |
Article in Journal/Newspaper |
author |
Parslow, Joakim |
spellingShingle |
Parslow, Joakim Theories of exceptional executive powers in Turkey, 1933–1945 |
author_facet |
Parslow, Joakim |
author_sort |
Parslow, Joakim |
title |
Theories of exceptional executive powers in Turkey, 1933–1945 |
title_short |
Theories of exceptional executive powers in Turkey, 1933–1945 |
title_full |
Theories of exceptional executive powers in Turkey, 1933–1945 |
title_fullStr |
Theories of exceptional executive powers in Turkey, 1933–1945 |
title_full_unstemmed |
Theories of exceptional executive powers in Turkey, 1933–1945 |
title_sort |
theories of exceptional executive powers in turkey, 1933–1945 |
publisher |
Cambridge University Press (CUP) |
publishDate |
2016 |
url |
http://dx.doi.org/10.1017/npt.2016.20 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0896634616000200 |
genre |
sami |
genre_facet |
sami |
op_source |
New Perspectives on Turkey volume 55, page 29-54 ISSN 0896-6346 1305-3299 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/npt.2016.20 |
container_title |
New Perspectives on Turkey |
container_volume |
55 |
container_start_page |
29 |
op_container_end_page |
54 |
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1802010659408314368 |