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Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS HUK 2077 CONSTITUTIONAL JURISDICTION ELECTIVE 2 0 0 4

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

ASSOCIATE PROFESSOR TÜRKER ERTAŞ

Offered to

Law

Course Objective

To examine the types of constitutional review and constitutional review bodies in comparative and Turkish constitutional orders.

Learning Outcomes of the Course Unit

1   To be able to render the development of constitutional review and the legal arguments providing constitutional review 2   To be able to express the importance of constitutional courts 3   To be able to clarify the role of constitutional jurisdiction providing the supremacy and binding force of constitutions put into practice 4   To be able to remark the role of constitutional jurisdiction in protection of the fundamental rights regarding both national and comparative constitutional systems 5   To be able to classify the types of constitutional review 6   To be able to internalize the system of constitutional jurisdiction; the range, types of constitutional review and efficiency and binding force of decisions

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description 1 1. Concept of constitutional review and historical background 2 2. The relationship between constitutional review and the principle of separation of powers 3 3. Types of constitutional review 4 4. The American model: Federal judicial system and appointment procedure of federal judges/justices 5 5. The American model: The scope of constitutional review power of US Supreme Courts and other federal courts 6 6. The American model: The impact of US Supreme Court's liberal-conservative justice spectrum on the decisions rendered 7 7. The British model: Constitutional aspects of Human Rights 1998 8 8. The British model: The constitutional implications and procedure of the review of Conventionality prescribed by the HRA 9 9. The French model: The French judiciary system and appointment procedure of Constitutional Council justices 10 10. The French model: Procedure of the a priori abstract and concrete review carried out by the Council 11 11. The German model: German judicial system and election of Federal Constitutional Court justices 12 12. The German model: Procedure of the constitutional review carried out by Federal German Constitutional Court 13 13. The Dutch model: Constitutional review ban in the Constitution of 1815 and the constitutonal function and procedure of the review of Conventionality in the Dutch constitutional order 14 14. The Turkish model: The procedure of constitutional review carried out by the Turkish Constitutional Court 15 15. Midterm exam

Recomended or Required Reading

Türker Ertaş, Kuvvetler Ayrılığı Ilkesi Bağlamında Yasama, Yürütme ve Yargı Organları Arasındaki Modern Ilişkiler, 5. Bası, Seçkin Yayıncılık, Ankara, 2025.

Planned Learning Activities and Teaching Methods

Lecture, case analysis

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA 1 MTE MIDTERM EXAM 2 MTE MIDTERM EXAM 3 FCG FINAL COURSE GRADE 4 FCG FINAL COURSE GRADE roundKPU + FN,0 5 RST RESIT 6 FCGR FINAL COURSE GRADE (RESIT) roundKPU + BUT,0

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

To be announced

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours) Lectures 14 2 28 Preparations before/after weekly lectures 14 2 28 Preparation for midterm exam 1 24 24 Preparation for final exam 1 16 16 Final 1 2 2 Midterm 1 2 2 TOTAL WORKLOAD (hours) 100

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 PO.14 PO.15 LO.1 1 1 1 1 1 1 LO.2 1 1 1 1 1 1 LO.3 1 1 1 1 1 1 1 LO.4 1 1 1 1 1 1 1 LO.5 1 1 1 1 1 1 LO.6