Comparative Law II
Content
Objective
The comparative law course aims to introduce students to the contribution this discipline makes to any analysis or examination of a specific legal system. The course focuses on issues of electoral law. The course covers a broad geographical scope encompassing all of Southern Europe (limiting itself to member states of the Council of Europe). The study focuses primarily on the organization of parliamentary elections (but may also, on a more ad hoc basis, address other types of elections).
Course Learning Outcomes
As with any course in comparative law, students must be able to apply legal concepts in a variety of legal contexts.
Teaching and Learning Methods
Classes are taught in a lecture format with frequent student interaction (Q&A).
References
Jean-Pierre Massias, et alii, Droit constitutionnel des Etats d’Europe de l’Est, PUF.
Philippe Lauvaux, Armel Le Divellec, Les grandes démocraties contemporaines, PUF.
Institute for International Democracy and Electoral Assistance, International Obligations for Elections –
Guidelines for Legal Frameworks, Stockholm, 346 pages, 2014.
Conseil de l’Europe, Code de bonne conduite en matière électorale, 2025.
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Introduction |
| 2 | The legislative initiative of the executive branch |
| 3 | The legislative initiative of the legislative branch |
| 4 | The legislative initiative of the judiciary |
| 5 | The legislative initiative of citizens |
| 6 | The legislative initiative of the constituent units of a federation and of autonomous entities |
| 7 | The exercise of the right of legislative initiative: procedural rules |
| 8 | The exercise of the right of legislative initiative: drafting requirements |
| 9 | The negative image of the imperative mandate |
| 10 | The link between recall and imperative mandate |
| 11 | Mandates tied to political parties |
| 12 | The functions of the opposition |
| 13 | The protection of the opposition |
| 14 | The responsibilities of the opposition |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Total | 2 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| 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 |
| Make-up | 0 | 0 |
| Total | 0 | 0 |
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 | 14 | 2 | 28 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 2 | 2 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 2 | 2 |
| 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 |
| Make-up | 1 | 2 | 2 |
| Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Yıl Sonu | 0 | 0 | 0 |
| Hazırlık Bütünleme | 0 | 0 | 0 |
| Total Workload | 62 | ||
| Total Workload / 25 | 2.48 | ||
| Credits ECTS | 2 | ||