Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CONSTITUTIONAL LAW | - | Yearly | 8+0 | 8 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's 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 all institutions and concepts of the 1982 Constitution and the developments of constitutionalism in Turkey and other countries. |
| Course Content | This course contains; What is constitution?,Early constitutionalism (13th to 18th centuries).,Basic concepts of constitutionalism – Human rights.,Basic concepts of constitutionalism – Democracy, participation and pluralism.,Basic concepts of constitutionalism – Equality and rule of law.,Comparative constitutional law: Basic features of different constitutional systems.,Governmental systems.,Judicial control of legislation.,Constitutional developments in late Ottoman Empire (1808-1909).,Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions.,Constitutions after 1960.,Basic principles of 1982 Constitution.,Fundamentals of 1982 Constitution for basic freedoms and rights.,The problems emerging from the implementation of 1982 Constitution.,Legislative branch.,Working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments.,Legislative function and legislative proceedings.,Powers of legislative branch.,Executive branch.,Council of Ministers.,Proceedings of the executive branch.,Methods of governance in emergency rule.,Constitutional adjudication in Turkey - Basic rules.,Constitutional adjudication in Turkey - Procedural law.,Constitutional adjudication in Turkey - Case law.,Militant Democracy and judicial activism.,Constitutional amendments.,The need for reform in constitutional system of Turkey.. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Tell the historical development of constitutions that are being primary and fundamental source of law in contemporary nation states. | 10, 16, 9 | A |
| Tell the national and global historical development of constitutionalism. | 10, 16, 9 | A |
| Tell the basic principles of the constitutionalism and the implementation of these principles since the beginning. | 10, 16, 9 | A |
| List differences and similarities in constitutional systems. | 10, 16, 9 | A |
| Evaluate basic institutions and concepts which are used in contemporary constitutions. | 10, 16, 9 | A |
| Explain the constitutional meanings of human rights, participation, pluralism, democracy, equality and rule of law at the national and comparative levels. | 10, 16, 9 | A |
| Tell basic concepts of the constitutional law. | 10, 16, 9 | A |
| Evaluate the advantages and disadvantages of different governmental models, federalism, unitary state, central and local governments | 10, 16, 9 | A |
| Evaluate the development of constitutional adjudication and evaluate different adjudication systems and court decisions. | 10, 16, 9 | A |
| Explain the different methods developed for judicial control of laws. | 10, 16, 9 | A |
| Evaluate the basic problems of constitutional adjudication. | 10, 16, 9 | A |
| Evaluate the decisions of Turkish Constitutional Court by using comparative law methods. | 10, 16, 9 | A |
| Evaluate the developments of constitutionalism in Turkey. | 10, 16, 9 | A |
| Tell the basic institutions and concepts of Ottoman and Turkish constitutions. | 10, 16, 9 | A |
| Evaluate all basic institutions and concepts of 1982 Constitution. | 10, 16, 9 | A |
| Evaluate constitutional problems in Turkey. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | What is constitution? | Reading about the topic. |
| 2 | Early constitutionalism (13th to 18th centuries). | Reading about the topic. |
| 3 | Basic concepts of constitutionalism – Human rights. | Reading about the topic. |
| 4 | Basic concepts of constitutionalism – Democracy, participation and pluralism. | Reading about the topic. |
| 5 | Basic concepts of constitutionalism – Equality and rule of law. | Reading about the topic. |
| 6 | Comparative constitutional law: Basic features of different constitutional systems. | Reading about the topic. |
| 7 | Governmental systems. | Reading about the topic. |
| 8 | Judicial control of legislation. | Reading about the topic. |
| 9 | Constitutional developments in late Ottoman Empire (1808-1909). | Reading about the topic. |
| 10 | Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions. | Reading about the topic. |
| 11 | Constitutions after 1960. | Reading about the topic. |
| 12 | Basic principles of 1982 Constitution. | Reading about the topic. |
| 13 | Fundamentals of 1982 Constitution for basic freedoms and rights. | Reading about the topic. |
| 14 | The problems emerging from the implementation of 1982 Constitution. | Reading about the topic and researching problems. |
| 15 | Legislative branch. | Reading about the topic. |
| 16 | Working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments. | Reading about the topic. |
| 17 | Legislative function and legislative proceedings. | Reading about the topic. |
| 18 | Powers of legislative branch. | Reading about the topic. |
| 19 | Executive branch. | Reading about the topic. |
| 20 | Council of Ministers. | Reading about the topic. |
| 21 | Proceedings of the executive branch. | Reading about the topic. |
| 22 | Methods of governance in emergency rule. | Reading about the topic. |
| 23 | Constitutional adjudication in Turkey - Basic rules. | Reading about the topic. |
| 24 | Constitutional adjudication in Turkey - Procedural law. | Reviewing judicial decisions. |
| 25 | Constitutional adjudication in Turkey - Case law. | Reviewing judicial decisions. |
| 26 | Militant Democracy and judicial activism. | Reading about the topic. |
| 27 | Constitutional amendments. | Reading about the topic. |
| 28 | The need for reform in constitutional system of Turkey. | Reading about the topic. |
| Resources |
| Gözler, Kemal: Türk Anayasa Hukuku, 3. Baskı, Ekin Yayınları, Bursa 2019. Erdoğan, Mustafa: Anayasa Hukuku, Orion Yayınları, Ankara 2014. Lecture notes. |
| Başgil, Ali Fuat: Esas Teşkilat Hukuku, Baha Matbaası, İstanbul 1960. Gözler, Kemal: Türk Anayasa Hukuku Dersleri, 25. Baskı, Ekin Yayınları, Bursa 2020. Özbudun, Ergun: Türk Anayasa Hukuku, 19. Baskı, Yetkin Yayınları, Ankara 2019. Tanör, Bülent/Yüzbaşıoğlu, Necmi: 1982 Anayasasına Göre Türk Anayasa Hukuku, 19. Baskı, Beta Yayınları, İstanbul 2019. Teziç, Erdoğan, Anayasa Hukuku, 23. Baskı, Beta Yayınları, İstanbul 2019. Yazıcı, Serap, Yeni Bir Anayasa Hazırlığı ve Türkiye, 3. Baskı İstanbul Bilgi Üniversitesi Yayınları, İstanbul 2016. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 28 | 4 | 112 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 14 | 2 | 28 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 14 | 4 | 56 | |||
| General Exam | 14 | 4 | 56 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 252 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(252/30) | 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 |
|---|---|---|---|---|---|
| CONSTITUTIONAL LAW | - | Yearly | 8+0 | 8 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's 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 all institutions and concepts of the 1982 Constitution and the developments of constitutionalism in Turkey and other countries. |
| Course Content | This course contains; What is constitution?,Early constitutionalism (13th to 18th centuries).,Basic concepts of constitutionalism – Human rights.,Basic concepts of constitutionalism – Democracy, participation and pluralism.,Basic concepts of constitutionalism – Equality and rule of law.,Comparative constitutional law: Basic features of different constitutional systems.,Governmental systems.,Judicial control of legislation.,Constitutional developments in late Ottoman Empire (1808-1909).,Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions.,Constitutions after 1960.,Basic principles of 1982 Constitution.,Fundamentals of 1982 Constitution for basic freedoms and rights.,The problems emerging from the implementation of 1982 Constitution.,Legislative branch.,Working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments.,Legislative function and legislative proceedings.,Powers of legislative branch.,Executive branch.,Council of Ministers.,Proceedings of the executive branch.,Methods of governance in emergency rule.,Constitutional adjudication in Turkey - Basic rules.,Constitutional adjudication in Turkey - Procedural law.,Constitutional adjudication in Turkey - Case law.,Militant Democracy and judicial activism.,Constitutional amendments.,The need for reform in constitutional system of Turkey.. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Tell the historical development of constitutions that are being primary and fundamental source of law in contemporary nation states. | 10, 16, 9 | A |
| Tell the national and global historical development of constitutionalism. | 10, 16, 9 | A |
| Tell the basic principles of the constitutionalism and the implementation of these principles since the beginning. | 10, 16, 9 | A |
| List differences and similarities in constitutional systems. | 10, 16, 9 | A |
| Evaluate basic institutions and concepts which are used in contemporary constitutions. | 10, 16, 9 | A |
| Explain the constitutional meanings of human rights, participation, pluralism, democracy, equality and rule of law at the national and comparative levels. | 10, 16, 9 | A |
| Tell basic concepts of the constitutional law. | 10, 16, 9 | A |
| Evaluate the advantages and disadvantages of different governmental models, federalism, unitary state, central and local governments | 10, 16, 9 | A |
| Evaluate the development of constitutional adjudication and evaluate different adjudication systems and court decisions. | 10, 16, 9 | A |
| Explain the different methods developed for judicial control of laws. | 10, 16, 9 | A |
| Evaluate the basic problems of constitutional adjudication. | 10, 16, 9 | A |
| Evaluate the decisions of Turkish Constitutional Court by using comparative law methods. | 10, 16, 9 | A |
| Evaluate the developments of constitutionalism in Turkey. | 10, 16, 9 | A |
| Tell the basic institutions and concepts of Ottoman and Turkish constitutions. | 10, 16, 9 | A |
| Evaluate all basic institutions and concepts of 1982 Constitution. | 10, 16, 9 | A |
| Evaluate constitutional problems in Turkey. | 10, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | What is constitution? | Reading about the topic. |
| 2 | Early constitutionalism (13th to 18th centuries). | Reading about the topic. |
| 3 | Basic concepts of constitutionalism – Human rights. | Reading about the topic. |
| 4 | Basic concepts of constitutionalism – Democracy, participation and pluralism. | Reading about the topic. |
| 5 | Basic concepts of constitutionalism – Equality and rule of law. | Reading about the topic. |
| 6 | Comparative constitutional law: Basic features of different constitutional systems. | Reading about the topic. |
| 7 | Governmental systems. | Reading about the topic. |
| 8 | Judicial control of legislation. | Reading about the topic. |
| 9 | Constitutional developments in late Ottoman Empire (1808-1909). | Reading about the topic. |
| 10 | Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions. | Reading about the topic. |
| 11 | Constitutions after 1960. | Reading about the topic. |
| 12 | Basic principles of 1982 Constitution. | Reading about the topic. |
| 13 | Fundamentals of 1982 Constitution for basic freedoms and rights. | Reading about the topic. |
| 14 | The problems emerging from the implementation of 1982 Constitution. | Reading about the topic and researching problems. |
| 15 | Legislative branch. | Reading about the topic. |
| 16 | Working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments. | Reading about the topic. |
| 17 | Legislative function and legislative proceedings. | Reading about the topic. |
| 18 | Powers of legislative branch. | Reading about the topic. |
| 19 | Executive branch. | Reading about the topic. |
| 20 | Council of Ministers. | Reading about the topic. |
| 21 | Proceedings of the executive branch. | Reading about the topic. |
| 22 | Methods of governance in emergency rule. | Reading about the topic. |
| 23 | Constitutional adjudication in Turkey - Basic rules. | Reading about the topic. |
| 24 | Constitutional adjudication in Turkey - Procedural law. | Reviewing judicial decisions. |
| 25 | Constitutional adjudication in Turkey - Case law. | Reviewing judicial decisions. |
| 26 | Militant Democracy and judicial activism. | Reading about the topic. |
| 27 | Constitutional amendments. | Reading about the topic. |
| 28 | The need for reform in constitutional system of Turkey. | Reading about the topic. |
| Resources |
| Gözler, Kemal: Türk Anayasa Hukuku, 3. Baskı, Ekin Yayınları, Bursa 2019. Erdoğan, Mustafa: Anayasa Hukuku, Orion Yayınları, Ankara 2014. Lecture notes. |
| Başgil, Ali Fuat: Esas Teşkilat Hukuku, Baha Matbaası, İstanbul 1960. Gözler, Kemal: Türk Anayasa Hukuku Dersleri, 25. Baskı, Ekin Yayınları, Bursa 2020. Özbudun, Ergun: Türk Anayasa Hukuku, 19. Baskı, Yetkin Yayınları, Ankara 2019. Tanör, Bülent/Yüzbaşıoğlu, Necmi: 1982 Anayasasına Göre Türk Anayasa Hukuku, 19. Baskı, Beta Yayınları, İstanbul 2019. Teziç, Erdoğan, Anayasa Hukuku, 23. Baskı, Beta Yayınları, İstanbul 2019. Yazıcı, Serap, Yeni Bir Anayasa Hazırlığı ve Türkiye, 3. Baskı İstanbul Bilgi Üniversitesi Yayınları, İstanbul 2016. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | X | |||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |