HUK 554

Course Title Course Code Program Level
Procedures and Individual Applications to the Constitutional Court HUK 554 KAMU HUKUKU TEZSİZ M.A / M.Sc.

Course Term
(Course Semester)
Teaching and Learning Methods
Credits
Theory Practice Lab Projects/Field Work Seminars/Workshops Other Total Credits ECTS Credits
01
(Fall)		 14X3 42 3 7.5

Teaching Staff Dr. Öğr. Üyesi Nezahat DOĞAN DEMİRAY
Language of Instruction Türkçe (Turkish)
Type Of Course Compulsory
Prerequisites None.
Recommended Optional Programme Component Based on human rights in the development of the Constitutional Court, the basis of individual application to the Constitutional Court and its institutions are examined critically and in terms of comparative law
Course Objectives Gain the knowledge and skills to understand and interpret the principles and procedures of individual application in the constitutional jurisdiction, understand and evaluate human rights, constitutional problems and developments in this framework
Course Content
Learning Outcomes (LO) Recognize the importance of understanding human rights based law in the life of state, society and individual and to define basic concepts and institutions in the theory and practice in compliance with Constitution • Understanding of the basic rights in the Constitutional Court and the scope of the basic rights in the individual application • To be able to interpret the historical development of the individual application in the Constitutional jurisdiction and to be able to analyze and discuss the legal regulations concerning the individual application • Comparing the individual application system with foreign system • To understand and evaluate the individual application decisions of the Constitutional Court, to be able to operate the right of individual application on the professional level and to perceive the possible problems correctly and to compare the individual application system with foreign sys
Mode of Delivery Face to face
Course Outline
Week Topics
1. Week Historical development of the Constitutional Court and relation to the rule of law
2. Week Constitutional prosecution and human rights relation
3. Week Approaches and theories in Anglo-Saxon law and Continental European law in the debate on the legitimacy of the Constitutional jurisdiction
4. Week Procedures for application to the Constitutional Court in general
5. Week The development of the individual application to the Constitutional Court and the process of taking part in the 1982 Constitution
6. Week Examining and discussing the Constitutional Court Establishment Law and Rules of Procedure
7. Week Midterm
8. Week Comparing the individual application route in our country with the system in Germany, Spain and Austria
9. Week Examination of individual application decisions of the Turkish Constitutional Court
10. Week Examination of Turkish Constitutional Court decisions in terms of fundamental rights
11. Week Turkish law system and human rights problems in ECHR resolutions
12. Week ECHR decisions on the decisions of the Turkish Constitutional Court and review the decision
13. Week In the light of the ECHR and the case-law of the ECtHR, what is expected of the individual applicant in our country and possible developments
14. Week Critical evaluation and charting of the individual application path in our country
Assessment
  Percentage(%)
Mid-term (%) 40
Quizes (%)
Homeworks/Term papers (%)
Practice (%)
Labs (%)
Projects/Field Work (%)
Seminars/Workshops (%)
Final (%) 60
Other (%)
Total(%) 100
Course Book (s) and/or References İbrahim Kaboğlu, Anayasa Yargısı (Constitutional Jurisdiction) • In the context of the course, approximately ten academic articles will be assigned and read before lectures.
Work Placement(s)
The Relationship between Program Qualifications (PQ) and Course Learning Outcomes (LO)

 

P1

P2

P3

P4

P5

P6

P7

P8

P9

P10

P11

P12

P13

Q1

 5

 3

 

 3

 4

 

 

 

 

 3

 

 4

 

Q2

 

 

 

 

 5

 

 

 

 

 

 

 5

 

Q3

 

 

 4

 

 

 

 

 

 

 

3

 

 

Q4

 

 

 

 

 

 

 

 

 

 5

 

 5