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Kanun Hukumunda(?) Kararname (KHK)

English translation: Statutory decree

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Turkish term or phrase:Kanun hukmunda kararname
English translation:Statutory decree
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14:32 Jul 1, 2001
Turkish to English translations [PRO]
Law/Patents
Turkish term or phrase: Kanun Hukumunda(?) Kararname (KHK)
556 sayili K..H..Karname'nin 34.maddesi uyarinca.
This is from a terrible fax and I am not sure of the second word.
Barbara McKenzie
New Zealand
Local time: 11:01
delegated legislation
Explanation:
E.THE DIFFERENCES BETWEEN 1961 AND 1982 CONSTITUTIONS



1.The former Constitution prescribed “the executive” as a mission, 1982 constitution defined the executive as a mission and a power. Moreover, this power is taken from Constitution.

2. According to the 1982 Constitution, regulation and power of rule enacted in ordinary and extra-ordinary cases, “statutory decrees” or “law amending ordinances” (Decrees having the effect of law) (Kanun Hükmünde Kararname= KHK). These acts called ın Anglo-American countries, “delegated legislatıon”.

3.The powers of the President of the Republic was increased. It is unclear to dual system. Thus, it can be concluded that the 1982 Constıtutıon created a “mixed” or “hybrid” system of government somewhat along the lines of the French Constitution of 1958.

4.The independence of the judiciary is rather lacked in 1982 Constitution. A lot of procedures of State is given out from judiciary inspection (lıke 1982/125-4, 159/4, 125-6).20

5. 1982 Constitution is a very detailed form. It is used not for freedom, banned freedom. For this reason, the Constitution remained at the back of society. 21 .

Also:

INTENSE AGENDA OF THE PARLIAMENT
Parliament starts a long and productive new legislation period with changes that will be made in internal regulations. The parliament to get loan from the World Bank, will at first discuss the decree with the force of law (KHK) regarding privatization of public banks, which was earlier vetoed by President Ahmet Necdet Sezer. Changes in the internal regulations will be the second item of the agenda.
Others which will be discussed are budget, economic package, Copenhagen Criteria, adjustment laws, capital punishment, Article 312 and general amnesty.

I don't speak Turkish but hope it helps



Selected response from:

Vidmantas Stilius
Local time: 00:01
Grading comment
Interesting background information
1 KudoZ points were awarded for this answer

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Summary of answers provided
na +1Statutory Decree
Ebru Ozgen Oglesbay
na +1Statutory Decrees (Kanun Hükmünde Kararnameler)
1964
naa decree with the force of lawChris Stephenson
nadelegated legislation
Vidmantas Stilius


  

Answers


12 mins
delegated legislation


Explanation:
E.THE DIFFERENCES BETWEEN 1961 AND 1982 CONSTITUTIONS



1.The former Constitution prescribed “the executive” as a mission, 1982 constitution defined the executive as a mission and a power. Moreover, this power is taken from Constitution.

2. According to the 1982 Constitution, regulation and power of rule enacted in ordinary and extra-ordinary cases, “statutory decrees” or “law amending ordinances” (Decrees having the effect of law) (Kanun Hükmünde Kararname= KHK). These acts called ın Anglo-American countries, “delegated legislatıon”.

3.The powers of the President of the Republic was increased. It is unclear to dual system. Thus, it can be concluded that the 1982 Constıtutıon created a “mixed” or “hybrid” system of government somewhat along the lines of the French Constitution of 1958.

4.The independence of the judiciary is rather lacked in 1982 Constitution. A lot of procedures of State is given out from judiciary inspection (lıke 1982/125-4, 159/4, 125-6).20

5. 1982 Constitution is a very detailed form. It is used not for freedom, banned freedom. For this reason, the Constitution remained at the back of society. 21 .

Also:

INTENSE AGENDA OF THE PARLIAMENT
Parliament starts a long and productive new legislation period with changes that will be made in internal regulations. The parliament to get loan from the World Bank, will at first discuss the decree with the force of law (KHK) regarding privatization of public banks, which was earlier vetoed by President Ahmet Necdet Sezer. Changes in the internal regulations will be the second item of the agenda.
Others which will be discussed are budget, economic package, Copenhagen Criteria, adjustment laws, capital punishment, Article 312 and general amnesty.

I don't speak Turkish but hope it helps






    www.dicle.edu.tr/dictur/suryayin/khuka/fendoglu.htm - 32k
    Reference: http://zeus.hri.org/news/turkey/anadolu/2000/00-10-20.anadol...
Vidmantas Stilius
Local time: 00:01
Native speaker of: Native in LithuanianLithuanian
PRO pts in pair: 1
Grading comment
Interesting background information
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1 hr
a decree with the force of law


Explanation:
This is a government decision (decree) that has the force of law. It is as legally valid as a law passed through parliament.

Chris Stephenson
Turkey
Local time: 01:01
Native speaker of: Native in EnglishEnglish
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4 hrs peer agreement (net): +1
Statutory Decrees (Kanun Hükmünde Kararnameler)


Explanation:
Exactly Statutory Decree ( others are only explanations not term itself) , I hand answered this before a number of times.
Explanation
The Turkish Grand national assembly can authorize the council of ministres, by special statute , to issue statutory decrees ( decrees having the effect of law ) on certain topics. IN these special statutes the scope , principles and duration of the power to issue statutory decrees are clearly stated.
( from Introduction to Turkish Law Tuğrul Ansay and Don Wallace)
As to your question
"Pursuant to Article 34 of Statutory Decree Numbered 566, ..."




1964
Turkey
Local time: 01:01
Native speaker of: Native in TurkishTurkish
PRO pts in pair: 356

Peer comments on this answer (and responses from the answerer)
agree  shenay kharatekin
630 days
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10 hrs peer agreement (net): +1
Statutory Decree


Explanation:
"Statutory Decree" is the exact and correct translation of Kanun Hükmünde Kararname.

A statutory decree is a decree which has the effect/force of law. It is issued by the Council of Ministers.

The nature and scope of Statutory decrees are stated in the Turkish Constitution 1982(Part 3:Fundamental Organs of the Republic, ARTICLE 91)



REFERENCES: Middle East Technical University - Introduction to Law by Nuran Sural; and the Constitution of the Republic of Turkey

ARTICLE 91. The Turkish Grand National Assembly may empower the Council of Ministers to issue statutory decrees. However, the fundamental rights, individual rights and duties included in the First and Second Chapter of the Second Part of the Constitution and the political rights and duties listed in the Fourth Chapter, cannot be regulated by statutory decrees except during periods of martial law and states of emergency.

The statute shall define the purpose, scope, principles, and operative period of the statutory decree, and whether more than one decree will be issued within the same period.

Resignation or fall of the Council of Ministers, or expiration of the legislative term shall not cause the termination of the power conferred for the given period.

When approving a statutory decree before the end of the prescribed period, the Turkish Grand National Assembly shall also state whether the power has terminated or will continue until the expiry of the said period.

Provisions relating to the statutory decrees issued by the Council of Ministers meeting under the chairmanship of the President of the Republic in time of martial law or states of emergency, are reserved.

Statutory decrees shall come into force on the day of their publication in the Official Gazette. However, a later date may be indicated in the decree as the date of entry into force.

Decrees are submitted to the Turkish Grand National Assembly on the day of their publication in the Official Gazette.

Statutes and statutory decrees which are based on these, shall be discussed in the committees and in the plenary session of the Turkish Grand National Assembly with priority and urgency.

Decrees not submitted to the Turkish Grand National Assembly on the day of their publication shall cease to have effect on that day and decrees rejected by the Turkish Grand National Assembly shall cease to have effect on the day of publication of the decision in the Official Gazette. The amended provisions of the decrees which are approved as amended shall go into force on the day of their publication in the Official Gazette.





Ebru Ozgen Oglesbay
United States
Local time: 14:01
Native speaker of: Native in TurkishTurkish
PRO pts in pair: 12

Peer comments on this answer (and responses from the answerer)
agree  shenay kharatekin: kanun kuvvetinde
629 days
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