Constitutional Justice(HUK369)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK369 | Constitutional Justice | 5 | 2 | 0 | 0 | 2 | 2 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Özen ÜLGEN ADADAĞ ozen.ulgen@gmail.com (Email) Burcu ALKIŞ balkis@gsu.edu.tr (Email) Yunus Emre ERDÖLEN (Email) |
| Assistant | |
| Objective |
To have in-depth knowledge in the field of Constitutional Jurisdiction To learn how constitutional norms are interpreted by the Constitutional Court Analyzing the basic concepts of constitutional law, constitutional rules, judicial decisions and scientific sources with the methods provided by legal methodology Evaluation of constitutional rules, judicial decisions and doctrinal opinions in order to be used in solving legal disputes Convey of universal principles of law through comparative analysis of constitutional texts Conveying the understanding of honesty, justice and ethics required by being a lawyer |
| Content | The jurisdiction of the Turkish Constitutional Court in the terms of norm review and evaluation of their implementation |
| Course Learning Outcomes |
To be able to examine, interpret and evaluate constitutional rules, judicial decisions and scientific sources with the methods provided by legal methodology To be able to solve the problems encountered in the practice of law based on constitutional rules, judicial decisions and scientific sources To resolve legal disputes by evaluating constitutional rules, judicial decisions and doctrinal opinions To internalize universal principles of law; to have the competence to perceive and solve legal problems in terms of the law that is and should be |
| Teaching and Learning Methods | Lecture, Court decision reviews |
| References |
Constitutional Court Decisions Court Decisions on Constitutionality Review in Comparative Law |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Models of Constitutional Jurisdiction - The Birth of Constitutional Jurisdiction in Europe |
| 2 | Compatibility of the Rules on the Constitutional Court with Kelsen's Theory |
| 3 | Norms Subject to Constitutional Court Review - Comparative Law Evaluation |
| 4 | Review of the Constitutionality of the Incomplete Regulation |
| 5 | Application Procedure to the Constitutional Court - Comparative Law Evaluation |
| 6 | Types of Decisions of the Constitutional Court - Effect of Decisions |
| 7 | Rejection Decisions with Comment - Annulment Decisions - Comparative Law Evaluation |
| 8 | Alternative Decision Types in Comparative Law Practice |
| 9 | Mid-term exam |
| 10 | Selected Decision Reviews from the History of Constitutional Jurisdiction |
| 11 | Decision analysis |
| 12 | Decision analysis |
| 13 | Decision analysis |
| 14 | Decision analysis |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 60 |
| Contribution of final exam to overall grade | 1 | 40 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 1 | 20 |
| Midterm Examinations (including preparation) | 1 | 40 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 2 | 60 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 6 | 1 | 6 |
| Presentation | 1 | 8 | 8 |
| Midterm Examinations (including preparation) | 1 | 8 | 8 |
| Total Workload | 50 | ||
| Total Workload / 25 | 2,00 | ||
| Credits ECTS | 2 | ||