Home > 5.3 Validity of the question > TÜRKIYE - Opinion on the Amendments to the Constituion Adopted by the Grand National Assembly on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017
 
 
 
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Paragraph 44
 

The Venice Commission has emphasised in the past that the fundamental choice between a presidential, a semi-presidential and a parliamentary regime is a political choice to be made by the country in question and that, in principle, all these regimes can be brought into harmony with democratic standards, provided inter alia that parliament have sufficient controlling powers with regard to the executive branch. The Venice Commission has however repeatedly welcomed and supported constitutional reforms that aimed at decreasing the powers of the President and at increasing those of the parliament. The fundamental principles of the rule of law, the separation of powers and the independence of the judiciary create the framework which legitimates various political systems and forms of government, as long as they remain democratic. Negligence of these fundamental rules could lead to the transformation (or, better, the degeneration) of the whole system into an authoritarian one. This danger is stronger in the case of introduction of a presidential system instead of a parliamentary one. In legal literature, presidentialism is often considered to be generally less conducive to democracy, especially in countries with deep political cleavages, in which more than two political parties compete for power and which do not have a long tradition of political compromises. A presidential regime requires very strong checks and balances. In particular, a strong, independent judiciary is essential because the controversies which in a parliamentary regime are normally settled through political debate and negotiations, in a presidential regime often end up before the courts.