COURSE UNIT TITLE

: CONSTITUTIONAL STATE AND DEMOCRACY

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
KMH 5102 CONSTITUTIONAL STATE AND DEMOCRACY ELECTIVE 3 0 0 6

Offered By

Public Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSISTANT PROFESSOR SERDAR NARIN

Offered to

Public Law

Course Objective

During constitutional state and democracy course, origins of the idea of
constitutionalism, principles of constitutionalism and progress, concept of democracy,
progress of democratic notion, freedom, equality and democracy relation, conflict
between constitutionalism and democracy, principles and institutions of constitutional
democracy, political power within the scope of modern state, concept of legitimacy and
legal theory of state, sytems of government, qualifications and requirements of
constitutional state, relation between constitutionalism and human rights, new
democracies and constitutional choices, the powers which create constitution and ways
to create a constitution will be tried to convey to the students.

Learning Outcomes of the Course Unit

1   Have a grasp of idea of constitutionalism
2   To interiorise the idea of modern state
3   To clarify the concept of democracy
4   To examine the relation between human rights, individual and state
5   To interiorise the supremacy of law
6   To analyse the relation between political power, legitimacy and constitutional
7   To classify the political regimes and sytems of government

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Concept of idea of constitutionalism
2 Meaning of constitutionalism
3 Principles of constitutionalism
4 Democratic ways of creating a constitution
5 Political Power
6 Political Power and legitimacy
7 Political power within the scope of modern state
8 Intermediate
9 The idea of human rights and concept of democracy
10 Supremacy of law and state of law
11 Relation between constitutionalism and democracy
12 Relation between constitutionalism and human rights
13 Constitutional state and political regimes and systems of government I (Government systems based on the unity of power)
14 Constitutional state and political regimes and systems of government II (Government systems based on the separation of powers) and Current affairs in constitutional democracies

Recomended or Required Reading

Main literature:
1.Anayasa hukuku doktrindeki temel eserler Teziç Erdoğan, Anayasa Hukuku; Gözler Kemal,
Anayasa Hukuku vb. kaynaklar
2.Monographies about constitutional review Anayasa yargısı alanındaki monografiler.
Secondary literature:
1. www.tbmm.gov.tr
2. www.danistay.gov.tr
3. www.yargitay.gov.tr
4. www.echr.coe.int/echr/.
5. www.basbakanlik.gov.tr
6. www.adalet.gov.tr
7. www.anayasa.gov.tr
References: Constitutional Court s and European Court Of Human Rights s decisions.

Planned Learning Activities and Teaching Methods

Lecture, analysing Constitutional court and European Court Of Human Rights decisions,
analysing the international human rights charters, discussing on the current papers
about constitutional state, seminars.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.30 + STT * 0.30 + FIN* 0.40
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.30 + STT * 0.30 + RST* 0.40


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)

D.E.Ü. Hukuk Fakültesi Dokuzçeşmeler Kampusü- Buca 35160 Izmir/TÜRKIYE
Tel : (90) (232) 420 18 32 10302 ( Dahili )
E-Posta : serdarnarins@hotmail.com

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparing presentations 1 5 5
Preparations before/after weekly lectures 13 2 26
Preparation for midterm exam 1 36 36
Preparation for final exam 1 32 32
Final 1 2 2
Midterm 1 2 2
TOTAL WORKLOAD (hours) 142

Contribution of Learning Outcomes to Programme Outcomes

PO/LOPO.1PO.2PO.3PO.4PO.5PO.6PO.7PO.8PO.9PO.10PO.11PO.12PO.13
LO.111111
LO.211
LO.3111
LO.41111
LO.5111
LO.611111
LO.71111