COURSE UNIT TITLE

: GENERAL THEORY OF PUBLIC LAW

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
HUK 2018 GENERAL THEORY OF PUBLIC LAW COMPULSORY 2 0 0 6

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

ASSISTANT PROFESSOR SERKAN EKIZ

Offered to

Law

Course Objective

General Public Law aims to theorise that there are political, economical and social facts underlying the legislation process and to establish that this legal structure may applied meaningfully only under an institutionalized political power.

Learning Outcomes of the Course Unit

1   Being able to execute the meaning of political power and its difference to other types of social powers.
2   Being able to interpret the historical evolution of the state and its ultimate form as an institutionalised political power.
3   Being able to execute, the meaning of political order and legal order which are two basic order of the state and the relationship between those two orders.
4   Being able to explain the universal principles and values such as human rights and superiority of law which are fundamental in legislation process and for the legal order of the modern state.
5   Being able to determine the close relationship between underlying political ideology of the political order and the legal order of the modern state.
6   Being able to discern the mutual relation between globalization and modern state is not limited to economical area but also involves political and legal areas.
7   Being able to analyse that human rights is most influential legal instrument for the restriction of the political power.
8   Being able to determine, development and generalization of human rights is vital for democratic constitutional system.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 The Concept of State, Definition Problem and some Attempts for a Definition.
2 The Concept of Power, The Concept of Social Power, The Types of Social Power, The Meaning and Scope of Political Power and Distinction From Other Social Powers
3 The Early Period of Instituionalized Political Power: Ancient Greece City State, Features and Its Impact on Next Periods.
4 Political and Social Structure of the Medieval Age.
5 The General Framework of Medieval Legal and Political Thought
6 The Problem of the Source of the Political Power in the Medieval Age.
7 The Theoretical Approaches to Laic Foundations of the Political Power in the Medieval Age
8 The Early Period Reflections of the Modern State
9 The General Features of the Political and Economical Structure of the Modern State Period
10 The Emerge of the Absolute Monarchies
11 The Problem of the Source of Sovereignity in the Absolute Monarchy
12 Legal Thinking and Justice in Absolute Monarchies
13 The Transition Period from the Absolutism to the Nation State, Outlines of the Social, Political and Legal Dynamics
14 I. Mid-Term
15 I. Mid Term
16 Nation State, Definition and Theoretical Foundations
17 Some Thoughts on the Theoretical Foundations of the Nation State
18 The Idea of Natural Law and Its Impacts in the 17th and 18th Century
19 The French Declaration on Rights of Man and of Citizen and Its Impact
20 The Components of the Political and the Legal Order of the Nation State
21 The Nation State: an Institutionalized political power limited by human rights
22 The Nation State as a Secularised Political Power. Secular and Democratic State
23 The Human Rights as a Legal Instrument for Limitation of Political Power and Its Theoretical and Instutional foundations.
24 International Dimensions of the Human Rights and Its Reflections on Domestic Law
25 Globalization and Its Economic, Political and Legal Dimensions
26 Globalization and Its Impacts on the Nation State; Conflict or Cooperation
27 Globalization and Its Impacts on the Political and Legal System of Turkey.
28 II. Mid-Term
29 II. Mid-Term

Recomended or Required Reading

1-Mehmet Akad/Bihterin Vural Dinçkol, Genel Kamu Hukuku, Der Yayınları, 4. Basım, Is-tanbul, 2006.
2- Münci Kapani; Kamu Hürriyetleri, Yetkin Yayınları, 7.Baskı, Ankara, 1993.
3- Münci Kapani, Insan Haklarının Uluslar arası Boyutları, Bilgi yayınevi, 2.Bası, Ankara 1991
4- Ilyas Doğan, Devlet ve Toplum Kuramlarına Yeni Yaklaşımlar, Yeni Insan yayınevi, Is-tanbul, Ekim 2008.
5-Münci Kapani, Politika Bilimine Giriş, Bilgi yayınevi, 14. Basım, Eylül 2002.
6-Cemal Bali Akal, Devlet Kuramı, Dost yayınları, Ankara, Temmuz 2000.
7-Cemal Bali Akal, Iktidarın Üç Yüzü, Dost Yayınları, Ankara, 2012.
8- Gianfranco Poggi, Modern Devletin Gelişimi, Istanbul Bilgi Yayınları, Istanbul 2009.
9-Gianfranco Poggi, Devlet (Doğası, Gelişimi ve Geleceği), Istanbul Bilgi Üniversitesi Yayınları, 2007.
10- Ilhan F. Akın, Kamu Hukuku, Beta Yayınları, 6. Bası, Istanbul 1993.

Planned Learning Activities and Teaching Methods

Lectures, Slide Show, Case law.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE 1 MIDTERM EXAM 1
2 MTE 2 MIDTERM EXAM 2
3 MTEG MIDTERM AVERAGE GRADE roundVZ1 * 0.50 + VZ2 * 0.50,0
4 MTE MIDTERM EXAM
5 FIN FINAL EXAM
6 FCG FINAL COURSE GRADE roundKPU + FN,0
7 RST RESIT
8 FCGR FINAL COURSE GRADE (RESIT) roundKPU + BUT,0


*** 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)

To be announced.

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 25 2 50
Preparations before/after weekly lectures 25 2 50
Preparation for midterm exam 2 10 20
Preparation for final exam 1 26 26
Final 1 2 2
Midterm 2 1 2
TOTAL WORKLOAD (hours) 150

Contribution of Learning Outcomes to Programme Outcomes

PO/LOPO.1PO.2PO.3PO.4PO.5PO.6PO.7PO.8PO.9PO.10PO.11PO.12PO.13PO.14PO.15
LO.111111
LO.2111
LO.311111
LO.41111
LO.5111
LO.61111
LO.71111
LO.8111