Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| OUTLINE of CONSTITUTION LAW | - | Fall Semester | 2+0 | 2 | 3 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Short Cycle (Associate'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. 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, President of the republic.,Proceedings of the executive branch, methods of governance in emergency rule.,Constitutional adjudication in Turkey -Basic rules -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 |
| Tells the historical development of constitutions, which are the main source of law within a state structure, and the differences and commonalities of different state traditions. | 10, 16, 9 | A |
| Tells the national and global historical development of constitutionalism. | 10, 16, 9 | A |
| Tells the basic principles of the constitutionalism and the implementation of these principles since the beginning. | 10, 16, 9 | A |
| Lists differences and similarities in constitutional systems. | 10, 16, 9 | A |
| Explain basic institutions and concepts which are used in contemporary constitutions. | 10, 16, 9 | A |
| Explains the constitutional meanings of human rights, participation, pluralism, democracy, equality and rule of law at the national and comparative levels. | 10, 16, 9 | A |
| Explains basic concepts of the constitutional law. | 10, 16, 9 | A |
| Explains the advantages and disadvantages of different governmental models, federalism, unitary state, central and local governments | 10, 16, 9 | A |
| Summarize the development of constitutional adjudication and evaluate different adjudication systems and court decisions. | 10, 16, 9 | A |
| Explains the different methods developed for judicial control of laws. | 10, 16, 9 | A |
| Recognizes the basic problems of constitutional adjudication. | 10, 16, 9 | A |
| Recognizes the decisions of Turkish Constitutional Court by using comparative law methods. | 10, 16, 9 | A |
| Summarize the developments of constitutionalism in Turkey. | 10, 16, 9 | A |
| Tells the basic institutions and concepts of Ottoman and Turkish constitutions. | 10, 16, 9 | A |
| Explains all basic institutions and concepts of 1982 Constitution. | 10, 16, 9 | A |
| Expresses 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? Early constitutionalism (13th to 18th centuries). | Reading lecture notes. |
| 2 | Basic concepts of constitutionalism – Human rights. Democracy, participation and pluralism. | Reading lecture notes. |
| 3 | Basic concepts of constitutionalism – Equality and rule of law. Comparative constitutional law: Basic features of different constitutional systems. | Reading lecture notes. |
| 4 | Governmental systems, judicial control of legislation. | Reading lecture notes. |
| 5 | Constitutional developments in late Ottoman Empire (1808-1909), Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions. | Reading chapter 2 and 3. |
| 6 | Constitutions after 1960, basic principles of 1982 Constitution. | Reading chapter 4. |
| 7 | Fundamentals of 1982 Constitution for basic freedoms and rights, the problems emerging from the implementation of 1982 Constitution. | Reading chapter 5. |
| 8 | Legislative branch, working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments. | Reading chapter 7, 8 and 9. |
| 9 | Legislative function and legislative proceedings, powers of legislative branch. | Reading chapter 10 and 11. |
| 10 | Executive branch, President of the republic. | Reading chapter 12 and 13. |
| 11 | Proceedings of the executive branch, methods of governance in emergency rule. | Reading chapter 14 and 15. |
| 12 | Constitutional adjudication in Turkey -Basic rules -Procedural law. | Reading chapter 16 and 17. |
| 13 | Constitutional adjudication in Turkey -Case law, militant democracy and judicial activism. | Reading chapter 16 and 17. |
| 14 | Constitutional amendments, the need for reform in constitutional system of Turkey. | Reading chapter 18. |
| Resources |
| Gözler, Kemal: Türk Anayasa Hukukuna Giriş, Ekin Yayınları, 2023. Lecture notes. |
| Başgil, Ali Fuat: Esas Teşkilat Hukuku, Baha Matbaası, İstanbul 1960. Erdoğan, Mustafa: Anayasa Hukuku, Orion Yayınları, Ankara 2010. Gözler, Kemal: Türk Anayasa Hukuku, Ekin Yayınları, Bursa 2010. Özbudun, Ergun: Anayasa Hukuku, Yetkin Yayınları, Ankara 2009. Tanör, Bülent/Yüzbaşıoğlu, Necmi: 1982 Anayasasına Göre Türk Anayasa Hukuku, Yapı Kredi Yayınları, İstanbul 2000. Teziç, Erdoğan, Anayasa Hukuku, Beta Yayınları, İstanbul 2009. Yazıcı, Serap, Yeni Bir Anayasa Hazırlığı ve Türkiye, İstanbul Bilgi Üniversitesi Yayınları, İstanbul 2009. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. will define basic concepts of law and basic qualities of different law disciplins. | X | |||||
| 2 | 2. will have the basic knowledge on methodology of law. | X | |||||
| 3 | 3. will have the knowledge of basic problems in practice of law. | X | |||||
| 4 | 4. will analyse, interpret and evaluate the case law and law doctrine in basic level. | X | |||||
| 5 | 5. will solve the basic legal problems using methodology of law. | X | |||||
| 6 | 6. will use the knowledge on basic concepts of law, methodology of law and basic legal problems in law practice and in other social sciences. | X | |||||
| 7 | 7. will have the qualities in using his knowledge in legal services. | X | |||||
| 8 | 8. will be capable of carrying out work on legal studies. | X | |||||
| 9 | 9. will lead a project in a group. | ||||||
| 10 | 10. will evaluate his knowledge of law in problem solving. | X | |||||
| 11 | 11. will continue his education in law faculty. | X | |||||
| 12 | 12. will be conscious of importance of learning for his all life. | X | |||||
| 13 | 13. will convey his knowledge on basic concepts and problems of law. | X | |||||
| 14 | 14. will share his ideas on basic concepts of law with professionals and amateurs. | X | |||||
| 15 | 15. will use the computer technologies in European Computer Using Licence Basic Level. | ||||||
| 16 | 16. will be conscious about the importance of constitutional norms like laicity, social state and rule of law. | X | |||||
| 17 | 17. will be conscious about the honesty, justice and ethic. | X | |||||
Assessment Methods
| Contribution Level | Absolute 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 | 14 | 2 | 28 | |||
| 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 | 20 | 20 | |||
| General Exam | 1 | 40 | 40 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 88 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(88/30) | 3 | |||||
| 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 |
|---|---|---|---|---|---|
| OUTLINE of CONSTITUTION LAW | - | Fall Semester | 2+0 | 2 | 3 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Short Cycle (Associate'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. 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, President of the republic.,Proceedings of the executive branch, methods of governance in emergency rule.,Constitutional adjudication in Turkey -Basic rules -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 |
| Tells the historical development of constitutions, which are the main source of law within a state structure, and the differences and commonalities of different state traditions. | 10, 16, 9 | A |
| Tells the national and global historical development of constitutionalism. | 10, 16, 9 | A |
| Tells the basic principles of the constitutionalism and the implementation of these principles since the beginning. | 10, 16, 9 | A |
| Lists differences and similarities in constitutional systems. | 10, 16, 9 | A |
| Explain basic institutions and concepts which are used in contemporary constitutions. | 10, 16, 9 | A |
| Explains the constitutional meanings of human rights, participation, pluralism, democracy, equality and rule of law at the national and comparative levels. | 10, 16, 9 | A |
| Explains basic concepts of the constitutional law. | 10, 16, 9 | A |
| Explains the advantages and disadvantages of different governmental models, federalism, unitary state, central and local governments | 10, 16, 9 | A |
| Summarize the development of constitutional adjudication and evaluate different adjudication systems and court decisions. | 10, 16, 9 | A |
| Explains the different methods developed for judicial control of laws. | 10, 16, 9 | A |
| Recognizes the basic problems of constitutional adjudication. | 10, 16, 9 | A |
| Recognizes the decisions of Turkish Constitutional Court by using comparative law methods. | 10, 16, 9 | A |
| Summarize the developments of constitutionalism in Turkey. | 10, 16, 9 | A |
| Tells the basic institutions and concepts of Ottoman and Turkish constitutions. | 10, 16, 9 | A |
| Explains all basic institutions and concepts of 1982 Constitution. | 10, 16, 9 | A |
| Expresses 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? Early constitutionalism (13th to 18th centuries). | Reading lecture notes. |
| 2 | Basic concepts of constitutionalism – Human rights. Democracy, participation and pluralism. | Reading lecture notes. |
| 3 | Basic concepts of constitutionalism – Equality and rule of law. Comparative constitutional law: Basic features of different constitutional systems. | Reading lecture notes. |
| 4 | Governmental systems, judicial control of legislation. | Reading lecture notes. |
| 5 | Constitutional developments in late Ottoman Empire (1808-1909), Constitutionalism in early period of Republic of Turkey: 1921 and 1924 Constitutions. | Reading chapter 2 and 3. |
| 6 | Constitutions after 1960, basic principles of 1982 Constitution. | Reading chapter 4. |
| 7 | Fundamentals of 1982 Constitution for basic freedoms and rights, the problems emerging from the implementation of 1982 Constitution. | Reading chapter 5. |
| 8 | Legislative branch, working procedures and rules of Turkish Grand National Assembly and legal status of member of parliaments. | Reading chapter 7, 8 and 9. |
| 9 | Legislative function and legislative proceedings, powers of legislative branch. | Reading chapter 10 and 11. |
| 10 | Executive branch, President of the republic. | Reading chapter 12 and 13. |
| 11 | Proceedings of the executive branch, methods of governance in emergency rule. | Reading chapter 14 and 15. |
| 12 | Constitutional adjudication in Turkey -Basic rules -Procedural law. | Reading chapter 16 and 17. |
| 13 | Constitutional adjudication in Turkey -Case law, militant democracy and judicial activism. | Reading chapter 16 and 17. |
| 14 | Constitutional amendments, the need for reform in constitutional system of Turkey. | Reading chapter 18. |
| Resources |
| Gözler, Kemal: Türk Anayasa Hukukuna Giriş, Ekin Yayınları, 2023. Lecture notes. |
| Başgil, Ali Fuat: Esas Teşkilat Hukuku, Baha Matbaası, İstanbul 1960. Erdoğan, Mustafa: Anayasa Hukuku, Orion Yayınları, Ankara 2010. Gözler, Kemal: Türk Anayasa Hukuku, Ekin Yayınları, Bursa 2010. Özbudun, Ergun: Anayasa Hukuku, Yetkin Yayınları, Ankara 2009. Tanör, Bülent/Yüzbaşıoğlu, Necmi: 1982 Anayasasına Göre Türk Anayasa Hukuku, Yapı Kredi Yayınları, İstanbul 2000. Teziç, Erdoğan, Anayasa Hukuku, Beta Yayınları, İstanbul 2009. Yazıcı, Serap, Yeni Bir Anayasa Hazırlığı ve Türkiye, İstanbul Bilgi Üniversitesi Yayınları, İstanbul 2009. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. will define basic concepts of law and basic qualities of different law disciplins. | X | |||||
| 2 | 2. will have the basic knowledge on methodology of law. | X | |||||
| 3 | 3. will have the knowledge of basic problems in practice of law. | X | |||||
| 4 | 4. will analyse, interpret and evaluate the case law and law doctrine in basic level. | X | |||||
| 5 | 5. will solve the basic legal problems using methodology of law. | X | |||||
| 6 | 6. will use the knowledge on basic concepts of law, methodology of law and basic legal problems in law practice and in other social sciences. | X | |||||
| 7 | 7. will have the qualities in using his knowledge in legal services. | X | |||||
| 8 | 8. will be capable of carrying out work on legal studies. | X | |||||
| 9 | 9. will lead a project in a group. | ||||||
| 10 | 10. will evaluate his knowledge of law in problem solving. | X | |||||
| 11 | 11. will continue his education in law faculty. | X | |||||
| 12 | 12. will be conscious of importance of learning for his all life. | X | |||||
| 13 | 13. will convey his knowledge on basic concepts and problems of law. | X | |||||
| 14 | 14. will share his ideas on basic concepts of law with professionals and amateurs. | X | |||||
| 15 | 15. will use the computer technologies in European Computer Using Licence Basic Level. | ||||||
| 16 | 16. will be conscious about the importance of constitutional norms like laicity, social state and rule of law. | X | |||||
| 17 | 17. will be conscious about the honesty, justice and ethic. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |