SUİ308

School of Economics and Administrative Sciences \ Political Science and International Relations

3

6

Elective

Turkish

-

SUI students take it as a departmental elective, other programs can take the course as faculty or university elective.

This course examines the fundamental concepts of constitutional law, types of constitutions, fundamental rights and freedoms, and the relationships between the legislative, executive, and judicial branches. Within the framework of the 1982 Constitution, it aims to provide students with a fundamental perspective on the functioning of constitutional democracy by analyzing the structure of the constitutional order in Turkey, constitutional amendments, and constitutional jurisdiction. Additionally, the course will cover the international dimensions of constitutional law and comparative constitutional law topics.

Bakırcı, Fahri, Gençkaya, Ö. F., Ozan, E., Kılıç, A., Aslan, G. A., Işık, S., & Yüksel, İ. (2020). Introduction to Parliamentary Law. Ankara: Lykeion.

Soysal, Mümtaz (1986). The Meaning of the Constitution in 100 Questions. Istanbul: Gerçek Publishing.

Tanör, Bülent, & Yüzbaşıoğlu, Necmi. (2013). Turkish Constitutional Law According to the 1982 Constitution (13th ed.). Istanbul: Beta.

Bakırcı, Fahri & İba, Şeref (2017). The 1982 Constitution with Justifications and Notes. Ankara: Turhan Publishing.

Bakırcı, Fahri, Kılıç, Abbas, & Yüksel, İsmail (2021). The 1982 Constitution and Fundamental Legislation. Ankara: Lykeion.

This course aims to provide fundamental knowledge in the field of constitutional law and to teach the function, types, and fundamental principles of the constitutional order. It seeks to raise students' awareness of constitutional democracy, the rule of law, and fundamental rights and freedoms, enabling them to examine these concepts from both theoretical and practical perspectives. By thoroughly analyzing the structure and functioning of the Turkish Constitution, particularly within the framework of the 1982 Constitution, it supports students in understanding the roles and powers of the legislative, executive, and judicial branches. Additionally, by evaluating the processes of constitutional amendments and constitutional jurisdiction, the course aims to develop students' ability to analyze the role and powers of the constitutional court.

1. Students learn the fundamental concepts of constitutional law and comprehend explanations regarding the functioning of the constitutional order.
2. Students who analyze the structure of the Turkish Constitution develop the ability to interpret the relationships between the legislative, executive, and judicial branches.
3. Students who examine the connection between fundamental rights and freedoms and constitutional jurisdiction can explain the functioning of the constitutional court.
4. Students gain the ability to compare constitutional law with international law and different constitutional systems.

Week 1: Definition of constitutional law and constitution, types of constitutions; introduction to fundamental rights and freedoms, conceptual framework, the principle of a state respecting and based on human rights.
Week 2: The preamble of the Constitution and its fundamental philosophy; classification of fundamental rights and freedoms, personal liberty and security, prohibition of forced labor and servitude.
Week 3: Freedom of thought, freedom of religion and conscience, and other fundamental rights and freedoms.
Week 4: Limitation, suspension, and non-abuse of fundamental rights and freedoms.
Week 5: Characteristics of legislative power and the 2017 constitutional amendments.
Week 6: Structure of the Grand National Assembly of Turkey (TBMM), acquisition of legal personality, parliamentary membership and its status, parliamentary immunity, and irresponsibility.
Week 7: Organs of the Grand National Assembly of Turkey: General Assembly, commissions, political party groups, Advisory Council, and the Presidential Board.
Week 8: Definition and types of laws (omnibus law, fundamental law, framework law, codified law, organic law, etc.), parliamentary decisions, and internal regulations.
Week 9: Agenda and functioning of the Grand National Assembly of Turkey: operations of the General Assembly and commissions; the law-making process and oversight.
Week 10: Executive body and its functions, executive acts, election and powers of the President, presidential acts, presidential decrees, ordinary and emergency decree-laws.
Week 11: Judiciary, the principle of the rule of law, constitutional jurisdiction, annulment cases, and objection procedure.
Week 12: Evaluation of the new government system and the principle of separation of powers.

• Midterm 30 %
• Final 40 %
• Participation 10 %
• Term Paper 20 %