Editing Decree (section)

==Turkey==
The decree law ([[Turkish language|Turkish]]: ''Kanun Hükmünde Kararname, KHK'') in Turkey is a type of [[Legal instrument|legislative instrument]] issued by the [[Government of Turkey|government]], based on the authority granted either by a specific [[enabling act]] from the [[Legislature|legislative body]] or directly from the [[Constitution of Turkey|Constitution]]. These decrees have the force of law in a material sense and acquire formal and organic legal power upon the approval of the parliament. According to Article 87 of the 1982 Constitution of Turkey, granting the [[Cabinet of Turkey|Council of Ministers]] the authority to issue decree laws on specific matters is included in the duties and powers of the [[Grand National Assembly of Turkey]].<ref>{{Cite book |last=KAVLAKOĞLU |first=Erdoğan |url=http://www.ydk.gov.tr/sayi_3_5.htm |title=KANUN HÜKMÜNDE KARARNAME KAVRAMI VE TÜRK ANAYASASINDA KANUN HÜKMÜNDE KARARNAMELERİN YERİ |publisher=Yüksek Denetleme Kurulu |year= |archive-url=https://web.archive.org/web/20060206164432/http://www.ydk.gov.tr/sayi_3_5.htm#s39 |archive-date=February 6, 2006}}</ref>

Article 91 of the Constitution also regulates the issuance of decree laws. It states:<blockquote>"The Grand National Assembly of Turkey may delegate the power to issue decree laws to the Council of Ministers. However, with the exception of [[martial law]] and [[State of emergency|states of emergency]], the [[fundamental rights]], [[Individual and group rights|individual rights and duties]], and [[Civil and political rights|political rights and duties]] listed in the first and second sections of the second part of the Constitution cannot be regulated by decree laws."</blockquote>Decree laws in Turkey are categorized into two types: ordinary and extraordinary. Ordinary decree laws are issued by the Council of Ministers and require an enabling act from the Grand National Assembly. They cannot regulate fundamental rights, individual rights and duties, or political rights and duties. Extraordinary decree laws, on the other hand, are issued by the Council of Ministers under the presidency of the [[President of Turkey|President]]. They do not require an enabling act from the Grand National Assembly and can regulate any area, provided they fulfill obligations arising from [[international law]]. Decree laws are subject to both political scrutiny by the parliament and judicial review by the [[Constitutional Court of Turkey|Constitutional Court]].<ref>{{Cite book |last=TAN |first=Turgut |url=https://dergipark.org.tr/tr/download/article-file/36462 |title=TÜRK HUKUKUNDA KANUN HÜKMÜNDE KARARNAME UYGULAMASI VE SORUNLAR |publisher=[[Ankara Universitesi]] Siyasal Bilgiler Fakultesi, Ogretim Uyesi}}</ref>

Following the approval of the [[2017 Turkish constitutional referendum|2017 constitutional amendment referendum in Turkey]] and the [[2018 Turkish general election|2018 general elections]], which led to the election of the President by [[direct election|popular vote]], Article 91 of the Constitution was repealed. With this change, decree laws were replaced by Presidential Decrees ([[Turkish language|Turkish]]: ''Cumhurbaşkanlığı Kararnameleri, CBK'') in the new system.<ref>{{Cite journal |last=Taşdöğen |first=Salih |date=2016-09-01 |title=Cumhurbaşkanlığı Kararnameleri |url=https://dergipark.org.tr/tr/pub/auhfd/issue/42369/510262 |journal=Ankara Üniversitesi Hukuk Fakültesi Dergisi |volume=65 |issue=3 |pages=937–966 |doi=10.1501/Hukfak_0000001827 |issn=1301-1308|doi-access=free |hdl=11424/258964 |hdl-access=free }}</ref>