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Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS KMH 5126 MODERN ASPECTS OF THE PRINCIPLE OF SEPARATION OF POWERS ELECTIVE 3 0 0 6

Offered By

Public Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

DOCTOR TÜRKER ERTAŞ

Offered to

Public Law

Course Objective

To study the relations between the legislative, executive and judiciary branches in comparative constitutional systems from the point of principle of separation of powers and present the reflections of the modern separation of powers on constitutional documents.

Learning Outcomes of the Course Unit

1   Being able to apprehend the intellectual foundations of the principle of separation of powers 2   Being able to analyse the pure and modern versions of the principle of separation of powers 3   Being able to understand the significance of the principle of separation of powers in modern constitutional orders 4   Being able to analyse the relations between legislative, executive and judiciary branches in comparative constitutional orders in terms of the principle of separation of powers 5   Being able to have a full knowledge of the impacts and reflections of the principle of separation of powers in comparative constitutions and constitutional documents

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description 1 Intellectual Foundations and Meaning of the Principle of Separation of Powers 2 Constitutional Outcomes of the Principle of Separation of Powers 3 The First Constitutional Documents Referring the Principle of Separation of Powers 4 The Pure and Modern Aspects of the Principle of Separation of Powers 5 The Modern Relations between the Legislative and Executive Branches within the Context of the Principle of Institutional Separation of Powers - Systems of Government: Parliamentary System 6 The Modern Relations between the Legislative and Executive Branches within the Context of the Principle of Institutional Separation of Powers - Systems of Government: Presidential and Semi - Presidential Systems 7 Midterm Exam 8 Veto Power of the Head of State on Acts/Bills in Comparative Constitutional Orders within the context of Principles of Institutional and Functional Separation of Powers 9 Executive Membership Status of the Legislators in Comparative Constitutional Orders within the Principle of Personal Separation of Powers 10 Statutory Decree Authority of Executive Branch in the field of Legislative in Comparative Constitutional Orders within the context of Principles of Institutional and Functional Separation of Powers 11 Selection of Judges and Formation of the Constitutional Courts and Constitutional Review Bodies in Comparative Constitutional Orders within the context of Principles of Institutional and Personal Separation of Powers 12 Scope and Context of Constitutional Review in Comparative Constitutional Orders within the context of Principles of Institutional and Functional Separation of Powers 13 Recent Developlents in Comparative Constitutional Law: United States of America and United Kingdom 14 Recent Developlents in Comparative Constitutional Law: Germany, France and the Netherlands

Recomended or Required Reading

Türker Ertaş, Kuvvetler Ayrılığı Ilkesi Bağlamında Yasama, Yürütme ve Yargı Organları Arasındaki Modern Ilişkiler, 3. Baskı, Seçkin Yayıncılık, Ankara, 2019. Aalt Willem Heringa, Constitutions Compared: An Introduction to Comparative Constitutional Law, 4th Edition, Intersentia, Cambridge, Antwerp, Chicago, 2019.

Planned Learning Activities and Teaching Methods

Lecture, case study

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA 1 MTE MIDTERM EXAM 2 FCG FINAL COURSE GRADE 3 FCGR FINAL COURSE GRADE MTE * 0.40 + FCG* 0.60 4 RST RESIT 5 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.40 + RST* 0.60 *** Resit Exam is Not Administered in Institutions Where Resit is not Applicable.

Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

turker.ertas@deu.edu.tr

Office Hours

On the Lecture Day

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours) Lectures 13 3 39 Preparations before/after weekly lectures 13 2 26 Preparation for midterm exam 1 41 41 Preparation for final exam 1 30 30 Preparing presentations 0 0 0 Midterm 1 2 2 Final 1 2 2 TOTAL WORKLOAD (hours) 140

Contribution of Learning Outcomes to Programme Outcomes

PO/LO PO.1 PO.2 PO.3 PO.4 PO.5 PO.6 PO.7 PO.8 PO.9 PO.10 PO.11 PO.12 PO.13 LO.1 1 1 1 1 1 LO.2 1 1 1 1 1 1 1 LO.3 1 1 1 1 1 1 1 1 1 LO.4 1 1 1 1 1 1 LO.5 1 1 1 1