Constitutional Justice
Content
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
Course 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
Weekly Contents
| 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 |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 60 |
| Contribution of final exam to overall grade | 1 | 40 |
| Total | 2 | 100 |
| Activities | 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 |
| Total | 2 | 60 |
Relation of Proficiency
| 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 | ||||
ECTS
| 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 | ||