Meclis soruşturması
Başlık çevirisi mevcut değil.
- Tez No: 16867
- Danışmanlar: YRD. DOÇ. DR. ERDAL ONAR
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Anayasa 1924, Anayasa 1961, Anayasa 1982, Kamu hukuku, Meclis soruşturması, Constitution 1924, Constitution 1961, Constitution 1982, Public law, Parliamentory inverstigation
- Yıl: 1991
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Kamu Hukuku Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
In the system of parliamentary government, legislative and executive power have been established different from each other, and each of them has different power aswell. The main purpose of this system is to solve the problems together, and as a result of being invested with equal power, to affect mutually, and to show defects of the system to each other. On the one hand, the executive branch of the state can abolish the legislative body, on the other hand, the Legislative branch of the state can inspect the executive body through the basic parliamentary questions, interpellations, general assembly meetings and parliamentary inquiries. Parliamentary inquiry is one of the most important parliamentary investi gation ways and by which it is possible to find out whether prime ministers and ministers have criminal responsibility or not while they are holding their offices. At the beginning, the inquiry is made by the legislative branch of the state and on condition that it is found some evidence, which is enough to make the prime minister or one of the ministers responsible for their wrongful activities,, they are committed to te Constitutional Court or as called“the High Tribunal”where these politicians' are tried and either found quilty or acquited. Therefore with regard to this procedure, parliamentary inquiry can be considered a judicial proceeding. In this essay, firstly, under the the title of“Parliamentary inquiry”, generally I have traied to give some in formaiton by looking over development of Turkish Constitutional Law. Secondly, from the 1876 Constitution to the present time, both the progress of impeachment and the trial of the High Tribunal have been examined in detail. Finally, the actual Parliamentary inquire has been reviewed. Is parliamentary inquiry considered sufficient or not in contemporary Turkey? In teh system of parliamentary government, althoguhg the separation of power is one of the most important rules, in practive this balance, namely, the rule of the separation of power, cannot be kept properly beacuse of the political party siystems and their disciplinary effects an members. As a matter of fact, in present time, the executive power, because the first one can impose what it wants on the legislative power by using the defects of the political system which have been mentioned above As a result of this, the majority of Parlimanet, in other words, the political party in power, has become more important and powerful than parliament. As an assumption, the majority of thet. a Yükseköğretim Kwnla 1U ÖöJüiaumtaşyoa JMedM* political party in power will not want to launch a pralimanetray inqurry about the prime minister or one of the ministers who are members of their party. Tere fore as a rule, this inspection way will be generally used by the oppo sition political party. However, on the other hand, this application will be probably refused by the majority of parliament. Even if it is accepted, an investigation commision will be set up with regard to the power of the political parties in parliament and this commission will be dominated by the same party's members and any kind of the commissions procedures cannot be executed neutrally Finally, no one will vote in favour of their parties member or merbers. The second probability is that the members of the commission will think their future. It would be better to say, if they serd the prime minister to the high Tribunal, the government, if they send a minister to the same court, this time the minister are considered resignation from their offices and this situation will cause no confidence about the Government. The other side of the coin, members of the apposition party from time to time, may request same unnecessary parliamentary inquiries about the prime minister or one or more than ona ministers according to their political opinions andduring the investigation they may not become impartial to accuse in directly the political party in power. Many ideas have been propesed to prevent these defects of the system. One of these is that a certain number of MPs has been requested. However, this time, it may be possible to prevent the actual activities of the Grand National Assembly. In consequence, each of these purposes has some negative effects and in this essay I have tried to present these negative effects for consideration. In spite of all these negative effect, parliamentary inquiry is a useful institution to eritişe activities constantly and mistakes of the government, to warn the go vernment and the majority of parliament and finally to have attention of the public opinion.
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