TÜRK PARLAMENTO HUKUKUNDA YASAMA TEFSİRİ

Authors : Şeref İBA

Pages : 43-62

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Publication Date : 2023-01-22

Article Type : Research Paper

Abstract :In our legal history, tradition of legislative interpretation, starting from the period of 1876 Constitution with the Heyet-i Ayan, ended with the Constitution of 1961. Accordingly, the application of legislative interpretation has been formed as not limited to the making sense of laws in the narrow sense. In this tradition, legislative interpretation has been understood in a broad sense as the interpretation of all legislative acts covering Constitution, laws and equivalent provisions of laws and rules of procedure of the Parliament, and has been consulted frequently as an easily functioning legislative system. The narrow framework defined in constitutions as the authority of \`interpretation of laws\` has been exceeded and legislative activity has been carried out through interpretation on all legislative acts in force. Thus, it is necessary to consider the concept of interpretation in a broad framework related to the legislative acts that have been already made and are in force. In Turkish parliamentary law, legislative interpretation that has become one of the main tools of the legislative power in terms of its supremacy over the executive and the judiciary, was abolished with the 1961 Constitution in line with the developments and practices in comparative parliamentary and constitutional law.
Keywords : Legislative interpretation, Indirect interpretation, Direct interpretation, Legislative power, Legislative activity