Freedom of expression and the ECHR(HUK373)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK373 | Freedom of expression and the ECHR | 5 | 2 | 0 | 0 | 2 | 2 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | English |
| Course Type | Elective |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Demirhan Burak ÇELİK dbcelik@gsu.edu.tr (Email) Burcu ALKIŞ balkis@gsu.edu.tr (Email) Yunus Emre ERDÖLEN (Email) |
| Assistant | |
| Objective |
Examination of different aspects of freedom of expression in the light of ECtHR case law Analyzing the basic concepts of law, constitutional and ECHR rules, judicial decisions and scientific sources with the methods provided by legal methodology Evaluation of ECHR and comparative constitutional rules, judicial decisions and doctrinal opinions in order to be used in solving legal disputes Conveying universal legal principles by comparatively analyzing the ECHR and comparative constitutional texts Conveying the understanding of honesty, justice and ethics required by being a lawyer |
| Content |
1. Introduction: The concept of freedom of expression 2. Foundations of freedom of expression 3. Freedom of expression and democracy 4. Freedom of political expression 5. Freedom of the press 6. Right to respect for private and family life and freedom of expression 7. Internet and freedom of expression 8. Hate speech and freedom of expression 9. Midterm exam 10. Academic freedom 11. Freedom of art 12. Freedom of expression for lawyers 13. Whistleblowing 14. General evaluation |
| Course Learning Outcomes |
Increasing students' knowledge and sensitivity on freedom of expression To learn about the main judgments of the ECtHR on freedom of expression To be able to examine, interpret and evaluate ECHR and comparative constitutional rules, judicial decisions and scientific sources with the methods provided by legal methodology To be able to solve the problems encountered in law practice based on ECHR and comparative 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 |
-Jurisprudence review -Doctrine review -Discussion and research |
| References |
- ECtHR, Guide on Article 10 of the European Convention on Human Rights. - Relevant case-law of the ECtHR. - D.J. Harris and others, Law of the European Convention on Human Rights, Oxford University Press, Oxford, 2018. - Christoph Grabenwarter, European Convention on Human Rights, C. H. Beck-Hart, Münich, 2014. - Philip Leach, Taking a Case to the European Court of Human Rights, Oxford University Press, Oxford, 2017. - Jacobs, White & Ovey, The European Convention on Human Rights, Oxford University Press, Oxford, 2014. - William A. Schabas, The European Convention on Human Rights, Oxford University Press, Oxford, 2015. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Introduction: The concept of freedom of expression |
| 2 | Foundations of freedom of expression |
| 3 | Freedom of expression and democracy |
| 4 | Political freedom of expression |
| 5 | Freedom of the press |
| 6 | Right to respect for private and family life and the freedom of expression |
| 7 | Internet and freedom of expression |
| 8 | Hate speech and freedom of expression |
| 9 | Mid-term exam |
| 10 | Academic freedom |
| 11 | Artistic freedom |
| 12 | Freedom of expression for lawyers |
| 13 | Whistleblowing |
| 14 | General evaluation |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| 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 | 1 | 40 |
| 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 | 1 | 14 | 14 |
| Working Hours out of Class | 1 | 14 | 14 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 | 0 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 14 | 14 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Total Workload | 42 | ||
| Total Workload / 25 | 1,68 | ||
| Credits ECTS | 2 | ||