Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CREATION of CONSTITUTION | - | Fall Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Assist.Prof. Yakup Levent KORKUT |
| Name of Lecturer(s) | Assist.Prof. Yakup Levent KORKUT |
| Assistant(s) | |
| Aim | To evaluate constitution making processes from the perspective of comparative law. |
| Course Content | This course contains; Constitution making –Historical background.,Classical approach: Constitutive power.,Hart: Rule of recognition.,Deliberative democracy theory and constitution making.,Consensus making.,Contemporary methods in constitution making.,Constitution making in non-consolidated democracies: General framework.,Constitution making in non-consolidated democracies: The problem of tutelage.,Constitution making in non-consolidated democracies: Transition from the old to the new.,Constitution making in divided societies,The historical look at the constitution making in Turkey.,The legal problems of constitution making in Turkey –I,The legal problems of constitution making in Turkey –II,Constitution making from the perspective of comparative law.. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Remember fundamental theoretical approaches for constitution making. | 10, 16, 9 | A, E |
| Remember theory of Constitutive power. | 10, 16, 9 | A, E |
| Remember the methods of constitution making. | 10, 16, 9 | A, E |
| Evaluate constitution making in countries that have not consolidated their democracies yet. | 10, 16, 9 | A, E |
| Evaluate the transition from the old to the new constitution. | 10, 16, 9 | A, E |
| Evaluate the constitution making in divided societies. | 10, 16, 9 | A, E |
| Evaluate the relation between constitution making and societal structure. | 10, 16, 9 | A, E |
| Evaluate constitution making processes in Turkey. | 10, 16, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Constitution making –Historical background. | No prior preparation is required. |
| 2 | Classical approach: Constitutive power. | No prior preparation is required. |
| 3 | Hart: Rule of recognition. | No prior preparation is required. |
| 4 | Deliberative democracy theory and constitution making. | No prior preparation is required. |
| 5 | Consensus making. | No prior preparation is required. |
| 6 | Contemporary methods in constitution making. | No prior preparation is required. |
| 7 | Constitution making in non-consolidated democracies: General framework. | No prior preparation is required. |
| 8 | Constitution making in non-consolidated democracies: The problem of tutelage. | No prior preparation is required. |
| 9 | Constitution making in non-consolidated democracies: Transition from the old to the new. | No prior preparation is required. |
| 10 | Constitution making in divided societies | No prior preparation is required. |
| 11 | The historical look at the constitution making in Turkey. | No prior preparation is required. |
| 12 | The legal problems of constitution making in Turkey –I | No prior preparation is required. |
| 13 | The legal problems of constitution making in Turkey –II | No prior preparation is required. |
| 14 | Constitution making from the perspective of comparative law. | No prior preparation is required. |
| Resources |
| Hanna Lerner (2013) Making Constitution in Deeply Divided Societies, Cambridge University Press. |
| There are no elective courses offered. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | X | |||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 62 | 62 | |||
| General Exam | 1 | 124 | 124 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 228 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(228/30) | 8 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CREATION of CONSTITUTION | - | Fall Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Assist.Prof. Yakup Levent KORKUT |
| Name of Lecturer(s) | Assist.Prof. Yakup Levent KORKUT |
| Assistant(s) | |
| Aim | To evaluate constitution making processes from the perspective of comparative law. |
| Course Content | This course contains; Constitution making –Historical background.,Classical approach: Constitutive power.,Hart: Rule of recognition.,Deliberative democracy theory and constitution making.,Consensus making.,Contemporary methods in constitution making.,Constitution making in non-consolidated democracies: General framework.,Constitution making in non-consolidated democracies: The problem of tutelage.,Constitution making in non-consolidated democracies: Transition from the old to the new.,Constitution making in divided societies,The historical look at the constitution making in Turkey.,The legal problems of constitution making in Turkey –I,The legal problems of constitution making in Turkey –II,Constitution making from the perspective of comparative law.. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Remember fundamental theoretical approaches for constitution making. | 10, 16, 9 | A, E |
| Remember theory of Constitutive power. | 10, 16, 9 | A, E |
| Remember the methods of constitution making. | 10, 16, 9 | A, E |
| Evaluate constitution making in countries that have not consolidated their democracies yet. | 10, 16, 9 | A, E |
| Evaluate the transition from the old to the new constitution. | 10, 16, 9 | A, E |
| Evaluate the constitution making in divided societies. | 10, 16, 9 | A, E |
| Evaluate the relation between constitution making and societal structure. | 10, 16, 9 | A, E |
| Evaluate constitution making processes in Turkey. | 10, 16, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Constitution making –Historical background. | No prior preparation is required. |
| 2 | Classical approach: Constitutive power. | No prior preparation is required. |
| 3 | Hart: Rule of recognition. | No prior preparation is required. |
| 4 | Deliberative democracy theory and constitution making. | No prior preparation is required. |
| 5 | Consensus making. | No prior preparation is required. |
| 6 | Contemporary methods in constitution making. | No prior preparation is required. |
| 7 | Constitution making in non-consolidated democracies: General framework. | No prior preparation is required. |
| 8 | Constitution making in non-consolidated democracies: The problem of tutelage. | No prior preparation is required. |
| 9 | Constitution making in non-consolidated democracies: Transition from the old to the new. | No prior preparation is required. |
| 10 | Constitution making in divided societies | No prior preparation is required. |
| 11 | The historical look at the constitution making in Turkey. | No prior preparation is required. |
| 12 | The legal problems of constitution making in Turkey –I | No prior preparation is required. |
| 13 | The legal problems of constitution making in Turkey –II | No prior preparation is required. |
| 14 | Constitution making from the perspective of comparative law. | No prior preparation is required. |
| Resources |
| Hanna Lerner (2013) Making Constitution in Deeply Divided Societies, Cambridge University Press. |
| There are no elective courses offered. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of public law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the public law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of public law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the public law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about public law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about public law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of public law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of public law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of public law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | X | |||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |