HUK106

School of Law \ Law

3

6

Compulsory

Turkish

-

Law

In the course, fundamental rights and freedoms, the structure and functioning of state organs and Turkey's constitutional order are comprehensively discussed. The protection and limitation of fundamental rights and freedoms and the implementation regime in extraordinary periods are examined. The constitutional development process from the history of Ottoman-Turkish constitutionalism to the present day, the powers and duties of the legislative, executive and judicial organs, theory of state acts, fundamental state acts and the basic principles of the Republic are evaluated with a comparative and analytical approach.

Kemal Gözler, Türk Anayasa Hukuku Dersleri, Ekin Basım Yayın, 29. Baskı, 2024.
Kemal Gözler, Anayasa Hukukunun Genel Esasları, Ekin Basım Yayın, 16. Baskı, 2024.
Ergun Özbudun, Türk Anayasa Hukuku, Yetkin Yayınları, 24. Baskı, 2024.
Bülent Tanör – Necmi Yüzbaşığlu, 1982 Anayasasına Göre Türk Anayasa Hukuku, Beta Yayınları, 22. Bası, 2024.
MEVZUAT: Ergül- Kontacı- Polat, Güncel ve Notlu 1982 Anayasası (Tüm değişiklikleri ve yürürlükten kalkmış düzenlemeleri gösterir), 9. Baskı, Savaş Yayınları, 2023.

The aim of the course is to teach students the legal regime of fundamental rights and freedoms and the legal functioning of the legislative, executive and judicial organs of the state. It is aimed that the students will be able to evaluate Turkey's constitutional development in a historical perspective and analyze the functioning of the constitutional order and contemporary constitutional problems. In addition, it is aimed that students will be able to interpret constitutional developments from a critical perspective by using concepts such as fundamental rights and freedoms, rule of law, judicial independence, democratic state.

1. Has a command of the scope of fundamental rights and freedoms, limitation criteria and the regime of protection of fundamental rights and freedoms in the 1982 Constitution.
2. Evaluates the understanding of the rule of law within the framework of the principle of supremacy of the Constitution and has a command of the functioning of the constitutional judiciary.
3. To master the history of Ottoman-Turkish constitutionalism with its basic features and to compare the constitutional development processes.
4. To have a command of the powers, functioning and interrelation of the legislative, executive and judicial organs in the 1982 Constitution.
5. Has a command of parliamentary immunities, parliamentary status and the limits of legislative power.
6. Distinguishes the powers and functioning of the executive branch in ordinary and extraordinary periods comparatively.
7. To have a command of the principles of rule of law, social state and secularism, which are the basic qualities of the Republic.
8. Compare and interpret current constitutional developments from a critical perspective by using the concepts within the scope of the course.

Week 1: Fundamental Rights and Freedoms, - Conceptual framework, concepts of rights and freedoms, similarities and differences, - Categorization of fundamental rights and freedoms, - The meaning of the principle of state respecting human rights in the 1982 Constitution and the way fundamental rights and freedoms are regulated.
Week 2: General regime of fundamental rights and freedoms, - Limitation of fundamental rights and freedoms (Art. 13 of the Constitution), - Conflict of fundamental rights and freedoms, - Practical compatibility and balancing in limiting fundamental rights and freedoms,
Week 3: Criteria constituting the limit of limitation of fundamental rights and freedoms, - The concept of democratic social order and the criterion of the essence of the right, - The principle of proportionality.
Week 4: According to the 1982 Constitution, exceptional forms of government (state of emergency) and the legal regime regarding fundamental rights and freedoms in states of emergency. - Practical studies on fundamental rights and freedoms.
Week 5: Protection of fundamental rights and freedoms under the 1982 Constitution; - Individual Application to the Constitutional Court, - Protection of fundamental rights and freedoms in transnational human rights protection mechanisms,
Week 6: History of Ottoman - Turkish Constitutionalism, - Ottoman Constitutions, - Basic features of 1921 Constitution and Republican Constitutions, - General comparison of 1961 and 1982 Constitution, - Basic features and structure of 1982 Constitution.
Week 7: Basic State Organs in the 1982 Constitution, - Legislative body as a constituted power, its establishment and organization, - Legislative function within the scope of the theory of state operations, - Legislative power, legislative acts (laws and parliamentary resolutions).
Week 8: Election, legal status and parliamentary immunities of the members of the legislative body (MPs), - Qualifications for election as MP, moment of acquisition of the title of MP, loss of the title of MP, - Absolute and relative legislative immunities.
Week 9: According to the 1982 Constitution, - The structure of the executive branch, the definition of the executive function as powers and duties, the Council of Ministers and the President, the administrative organization of the Republic of Turkey.
Week 10: Executive function and executive actions, - Ordinary and extraordinary presidential decrees, (comparative with the repealed decrees in force of law), - Extraordinary forms of government according to the 1982 Constitution and executive actions in extraordinary administrations, - War, state of emergency and martial law as extraordinary forms of government according to the 1982 Constitution, - Emergency decrees in force of law and their differences with ordinary decrees in force of law.
Week 11: According to the 1982 Constitution, the judicial branch, - Judicial functions and procedures, - Judicial independence and its importance for the rule of law, - The Council of Judges and Prosecutors. - According to the 1982 Constitution, the principle of the rule of law and constitutional jurisdiction, - The principle of the rule of law, its meaning and different dimensions, - The Constitutional Court and constitutional jurisdiction according to the 1982 Constitution.
Week 12: According to the 1982 Constitution, the principle of equality before the law and the basic qualities of the Republic, - The principle of equality before the law, - The principle of social state, - The principle of secularism.

• Midterm 30%
• Final 70%