HUK383

School of Law \ Law

3

4

Elective

Turkish

-

Bachelor of Law

The importance of historical perspective for a proper understanding of the constitutional structure of any social formation cannot be overstated. Both the constitutionalisation processes and their socio-economic background on a world scale and the constitutional development process from the Late Ottoman Empire to the Republic of Turkey and the 1980 Coup d’Etat are of great importance in terms of understanding the dynamics of the emergence of the current structure. For this reason, the first part of the course is planned to be devoted to constitutionalisation processes in general. Then, Ottoman-Turkish constitutional developments will be analysed within this framework and the basic dynamics and development process of the constitutional structure will be explained by making comparisons when necessary.

Bülent Tanör, Osmanlı-Türk Anayasal Gelişmeleri (1789-1980), Yapı Kredi Yayınları, 38. Baskı, 2024.
Gökhan Atılgan-Cenk Saraçoğlu-Ateş Uslu (yay. haz.), Osmanlı’dan Günümüze Türkiye’de Siyasal Hayat, Yordam Kitap, 4. Baskı, 2022.
Berke Özenç, Hukuk Devleti: Kökenleri ve Küreselleşme Çağındaki İşlevi, İletişim Yayınları, 2. Baskı, 2020.
Martin Loughlin, Kamu Hukukunun Temelleri (çev. D.Ç.Sever-K.Turanlı), Dipnot Yayınları, 2017.

The course aims to evaluate the social and economic developments that shaped the constitutional processes in the world as a framework and to provide students with an accurate and realistic view of Turkish constitutional history. Therefore, the topics on constitutional history covered in Constitutional Law I and II courses will be enhanced and this course will contribute to the academic and intellectual development of the students.

1. Has knowledge on the historical dimension of constitutionalization processes.
2. Has knowledge of the dynamics of constitutional development in the process of Ottoman-Turkish modernization.
3. Has a good command of the constitutional dynamics in the period of Turkish War of Independence.
4. Compares the constitutional dynamics of the Republican period with both the Ottoman period and the developments in the world.
5. Has knowledge of the constitutionalization processes in the world.
6. Periodically compares the effects of political developments on constitutional dynamics in the period of multi-party life.
7. Has knowledge of military interventions and periods of constitutional change.
8. Compares the 1924, 1961 and 1982 Constitutions and identifies their differences.

Week 1: Enlightenment, transition from feudalism to capitalism and the phenomenon of constitutionalization, constitutionalization processes from the late 18th century to the end of World War I
Week 2: Ottoman social structure and the initial dynamics of the constitutionalization process
Week 3: Constitutional developments in the Ottoman period: From Tanzimat to the First Constitutional Monarchy
Week 4: Constitutional developments in the Ottoman period: Kanun-i Esasi, I. and II. Constitutional Monarchy periods
Week 5: War of Independence and the Establishment of the Republic: Congressional Governments and the Constitution of 1921
Week 6: 1924 Constitution and constitutional developments in the single-party period
Week 7: World War II, the formation of a bipolar world and the dynamics of constitutionalization
Week 8: Constitution of 1924 in the multi-party period
Week 9: May 27 Coup d'état and the 1961 Constitution
Week 10: Application of the 1961 Constitution to the March 12 period
Week 11: March 12 Interim Regime and amendments to the 1961 Constitution
Week 12: 1973 Elections - September 12 Coup d'état and the period leading to the abolition of the 1961 Constitution