| Course Description |
The general public law course aims to examine the important historical points of
the development of the modern state from the 16th century to the present and
the formation of modern public law. In this regard, after discussing the basic
elements that define the modern state today, the secularization of political power
and the transformation of the law-implementation relationship, starting from the
Middle Ages, concepts that shape modern public law, such as sovereignty, social
contract, general will, natural right, rule of law, and human rights, will be
examined by taking into account the social and political transformations in which
these concepts developed. The course will also cover the development of modern
human rights thought and rights theories that aim to limit political power, from
natural rights to the recognition and normative assurance of contemporary
constitutional freedoms. |
| Course Description in Turkish |
Genel kamu hukuku dersi, 16. yüzyıldan günümüze modern devletin gelişiminin
önemli tarihsel duraklarını ve modern kamu hukukunun oluşumunu incelemeyi
amaçlamaktadır. Bu doğrultuda, günümüzde modern devleti tanımlayan temel
unsurlar ele alındıktan sonra, Orta Çağ’dan başlayarak siyasi iktidarın
dünyevileşmesi ve yasa-uygulama ilişkisinin dönüşümü incelenecek; egemenlik,
toplum sözleşmesi, genel irade, doğal hak, hukuk devleti, insan hakları gibi
modern kamu hukukunu şekillendiren kavramlar, bu kavramların içinde geliştiği
toplumsal ve siyasal dönüşümler göz önüne alınarak irdelenecektir. Derste aynı
zamanda, doğal haklardan çağdaş anayasal özgürlüklerin tanınmasına ve
normatif güvenceye alınmasına dek, siyasi iktidarı sınırlandırmayı amaçlayan
modern insan hakları düşüncesinin gelişimi ve hak teorileri de işlenecektir. |
| |
Program Outcomes and Competences |
Level |
Assessed by |
| 1) |
The ability to recognize and apply basic principles and theories of law, legal
methodology, and interpretation methods. |
N |
|
| 2) |
The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. |
N |
|
| 3) |
The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. |
N |
|
| 4) |
The ability to internalize social, scientific and ethical values while evaluating legal information. |
S |
Exam
|
| 5) |
The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. |
H |
Exam
|
| 6) |
The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. |
N |
|
| 7) |
The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. |
S |
Exam
|
| 8) |
The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). |
S |
Exam
|
| 9) |
The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. |
N |
|
| 10) |
Adoption of a positive approach to the concept of lifelong learning. |
S |
Exam
|
| 11) |
The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. |
S |
|
| 12) |
The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
S |
Exam
|
| Week |
Subject |
| 1) |
Introduction: Defining Elements of the Modern State |
| 2) |
Political power and law in the Middle Ages: Feudal state |
| 3) |
Modern state Precursors in the Middle Ages: From the state of God to the state of kings secularization – Thomas D'Aquin, The Reformation Movement. |
| 4) |
The birth of the modern state I: Autonomy of political power: Machiavelli's
ruler |
| 5) |
Monarchy and sovereignty theory: Jean Bodin |
| 6) |
The birth of the modern state II: Man-made power and the social contract |
| 7) |
Midterms |
| 8) |
The birth of the modern state III: Hobbes' contract theory and absolutism |
| 9) |
Political liberalism and the modern state: Locke's idea of natural right and
limit of power |
| 10) |
The infallibility of the general will: J.J. Rousseau |
| 11) |
Individual, citizen, freedom from the Enlightenment to the French Revolution |
| 12) |
Separation of powers and the idea of freedom: Montesquieu and today
projection |
| 13) |
From natural rights to constitutional rights: Bills of rights
Grounding human rights in the modern world: Rights theories |
| 14) |
reason of state, wisdom of government and rule of law |