School/Faculty/Institute Graduate School
Course Code HUK 566
Course Title in English Current Issues in Turkish Constitutional Law
Course Title in Turkish Türk Anayasa Hukukunda Güncel Sorunlar
Language of Instruction TR
Type of Course Flipped Classroom
Level of Course Advanced
Semester Spring
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 138 hours per semester
Number of Credits 6 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions Graduate Students Only
Overall Educational Objective To discuss, understand and, to the extent possible, to develop solutions to the problems that arise today in Constitutional Law, both in relation to Electoral Law, Separation of Powers and Forms of Government
Course Description The 1982 Constitution has undergone many amendments since its inception and was most recently restructured under a new system of government with the 2017 Amendment. It is quite possible that new constitutional problems may arise after these amendments and these problems are already being observed. In this framework, whether the problems related to Electoral Law can be solved by the Supreme Electoral Council in the classical sense; likewise, whether the issues related to the independence of the judiciary can be solved in the classical sense within the framework of the HSYK, especially the HSK in its new form; likewise, how the separation of organs and powers, which is a necessary consequence of the classical principle of separation of powers, is solved or realized today, will be discussed as constitutional problems that we face and solutions will be produced when necessary.
Course Description in Turkish 1982 Anayasası, yapılışından itibaren birçok değişiklikler geçirmiş ve en son olarak 2017 Değişikliği ile yeni bir hükumet sistemi çerçevesinde yeniden yapılandırılmıştır. Bu değişiklikler sonrasında ortaya yeni anayasal sorunları çıkması son derece mümkün olup bu sorunlar zaten gözlemlenmektedir. Bu çerçevede, Seçim Hukukuna ilişkin sorunların, klasik anlamda Yüksek Seçim Kurulu ile çözülüp çözülemeyeceği; aynı şekilde, yargı bağımsızlığına ilişkin hususların klasik anlamda HSYK, özellikle de yeni biçimiyle HSK çerçevesinde, çözülüp çözülemeyeceği; yine aynı şekilde klasik güçler ayrılığı ilkesinin zorunlu sonucu olan organ ve yetki ayrılığının günümüzde nasıl çözüldüğü ya da gerçekleştirildiği, karşımıza çıkan anayasal sorunlar olarak tartışılacak ve gerektiğinde çözümler üretilecek olan sorunlar olarak derste işlenecektir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Understands and discusses the current problems of Constitutional Law.
2) To be able to evaluate the current practices of constitutional institutions in comparison with the practices of their counterparts in democratic countries.
3) Comprehends, interprets and produces solutions to the problems of theory and practice on basic issues such as separation of powers, judicial independence, guarantees of rights and freedoms, constitutional jurisdiction.
Program Learning Outcomes/Course Learning Outcomes 1 2 3
1) An enhancement of the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of public law.
2) An updated knowledge of developments in jurisprudence and legislation.
3) An ability to diagnose sources of legal disputes in the domain of public law, and to apply rules and regulations for solving these disputes.
4) A capability to critically analyse existing regulations and theory and to propose new insights to old and new problems occurring in the domain of public law.
5) An ability to describe processes and theories both verbally and in writing on national and international platforms within the field of public law.
6) An awareness of social, scientific and ethical values regarding public law field all related professional activities.
7) An ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2.
8) An understanding of social and environmental aspects of legislative and jurisprudential measures and theories.

Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
1) An enhancement of the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of public law. H HW,Participation,Presentation
2) An updated knowledge of developments in jurisprudence and legislation. H Participation
3) An ability to diagnose sources of legal disputes in the domain of public law, and to apply rules and regulations for solving these disputes. S Participation
4) A capability to critically analyse existing regulations and theory and to propose new insights to old and new problems occurring in the domain of public law. H HW,Presentation
5) An ability to describe processes and theories both verbally and in writing on national and international platforms within the field of public law. H Participation
6) An awareness of social, scientific and ethical values regarding public law field all related professional activities. H Participation
7) An ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. N
8) An understanding of social and environmental aspects of legislative and jurisprudential measures and theories. H HW,Presentation
Prepared by and Date SÜHEYL BATUM , February 2024
Course Coordinator AKTS1
Semester Spring
Name of Instructor Prof. Dr. SÜHEYL BATUM

Course Contents

Week Subject
1) Discussions on the 1982 Constitution (with 2017 Amendments) and the main problems it raises
2) Identify and discuss the most important homework topics within the framework of the first week's discussions
3) Identify and discuss the most important homework topics within the framework of the first week's discussions
4) Identify and discuss the most important homework topics within the framework of the first week's discussions
5) Discussion about the assignments on the problems of executive supremacy within the framework of the related problems, evaluation of the presentation
6) Discussion on the problems related to the independence of the judiciary within the framework of the related problems, evaluation of the presentation
7) Discussion on the problems related to constitutional jurisdiction within the framework of related problems, evaluation of the presentation
8) Discussion about the problems related to electoral law within the framework of the related problems, evaluation of the presentation
9) Discussion about the assignments on the problems related to the first four articles of the Constitution within the framework of the related problems, evaluation of the presentation
10) Discussion on assignments on the problems related to the guarantees of fundamental rights and freedoms within the framework of related problems, evaluation of the presentation
11) Evaluation of Presentations
12) Evaluation of Presentations
13) Evaluation of Presentations
14) Evaluation of Presentations
15) Evaluation of Presentations
16) Evaluation of Presentations
Required/Recommended ReadingsBülent Tanör / Necmi Yüzbaşıoğlu, 1982 Anayasasına Göre Türk Anayasa Hukuku, 21. Bası, Beta, 2023. İbrahim Kaboğlu, Anayasa Hukuku Dersleri (Genel Esaslar), 17. Baskı, Legal, 2021. Süheyl Batum / Didem Yılmaz / Serkan Köybaşı, Anayasa Hukuku - Temel Kavramlar ve Genel Esaslar, On İki Levha, 2021. Constitutions from the Constitute Project website
Teaching MethodsLecture, evaluation of presentations and discussion
Homework and ProjectsIn determining the final grade, the assignments written in the course and the final paper will be taken into account.
Laboratory WorkNone
Computer UseNone
Other ActivitiesNone
Assessment Methods
Assessment Tools Count Weight
Attendance 1 % 20
Homework Assignments 1 % 40
Paper Submission 1 % 40
TOTAL % 100
Course Administration batums@mef.edu.tr

ECTS Student Workload Estimation

Activity No/Weeks Hours Calculation
No/Weeks per Semester Preparing for the Activity Spent in the Activity Itself Completing the Activity Requirements
Course Hours 14 2 2 2 84
Presentations / Seminar 1 20 2 2 24
Homework Assignments 1 30 30
Total Workload 138
Total Workload/25 5.5
ECTS 6