Syllabus
INT 301: Turkish Constitutional System
Fall 2012
Instructor: Assistant Professor Dr. Zeynep Oya USAL
Office: SOS 153
Office hours: Tuesdays 14:30-16:30 or by appointment
Contact information: [email protected]
Phone: ext. 16.65
Class meets: Mondays & Wednesdays 9.30-10:45 / 12:30-13:45
Classroom: CAS Z48 / CAS B24
Instruction Language: English
Credits: 3
Course Description
INTL 301 is an introductory course about the general principles of Turkish constitutional law.
It explores through Turkish constitutional norms and case-law how the exercise of state power
is limited by constitutionally entrenched rights and freedoms and by established checks and
balances. Course covers: types and meaning of constitutions; constitution-making and
constitutional amendments; Ottoman-Turkish constitutional developments; irrevocable
features of Republic; dynamics of parliamentary system in Turkey; state presidency with
current discussions; Constitutional Court.
Methodology
For teaching of the course, there are chosen methods that are proved to be more successful
and effective in order to achieve a motivated learning environment. In this respect, firstly,
comparative method is being used for understanding the common regularities and different
features of constitutional systems. Here, comparisons vary from specific constitutional norms
of states to landmark constitutional cases in different countries. Elaboration of Turkish
constitutional jurisprudence in the light of European case-law is also of primary importance.
Thus, judgments given by the European Court of Human Rights will be particularly discussed
during the classes to the extent they are relevant to our topic. Secondly, each lecture will be
supported with the wide using of visuals, e.g. PPTs, handouts, samples, which avail an indepth teaching and learning process as well as helping students to concretize what they are
taught during the lecture. Discussions on actual constitutional problems according to the legal
method aim at improving legal skills of the students.
Materials and Handouts
Lecture materials and handouts including extracts, definitions, quotations, etc. are essential
parts of the lectures for practical reasons. They will be delivered during the class or sent by email. Please check your e-mail regularly to get messages attached by materials and handouts.
Those are of vital importance to access further reading materials and for your final success.
1
There will further be a leaflet with numerous articles related to the discussed topics of which
the students shall be able to buy at the copy center.
Course Requirements and Grading Scale
All students are expected to attend lectures, keep up with the course materials and participate
in class discussions. Grade will be based on a mid-term exam, final exam and your
performance in the class. Performance in the class will be calculated on merits. That is to say
it will be based on academic quality of your answers to the oral questions during class or of
your successful constitutional interpretation in a constitutional issue submitted in discussion
sessions. Exams may include questions from lectures that are not in your assigned readings.
Exams may include elaboration of fictional or real case studies or evaluation of quotations in
essay forms. There may be short research studies or case-studies for students who would like
to raise their grades.
Final course grade will be calculated accordingly:
Mid-term exam: % 30
Participation: % 15
Final exam: % 55
Attendance Policy and Participation
Students are not obliged to attend a minimum number of classes. However, as mentioned
above, students are expected and strongly encouraged to follow the lectures as attendance is
an indispensable part of success in the course.
Rules of Conduct
There are no specific rules that will be deemed as a must by the lecturer. That being said, it
must be still recalled that the general disciplinary rules of the University shall be applicable
(you may refer to the ‘Student Code of Conduct’1 and the ‘Classroom Code of Conduct’2),
and students will be expected to behave in a good manner.
Students who are late may still enter the classroom and they can also leave the classroom at
any time as long as they do it without disrupting class order. Furthermore, the students are
expected to be diligent either by setting the ring volume preferences of their cell phones into
silent mood or switching them off completely
You should also remember that an ‘Academic Grievance Procedure’ has been established to
help students in resolving their complaints relating to academic matters3.
Recommended Readings
1
http://www.ku.edu.tr/ku/index.php?option=com_content&task=view&id=2150&Itemid=3080#codeofconduct
http://www.ku.edu.tr/ku/index.php?option=com_content&task=view&id=2149&Itemid=3081
3
http://www.ku.edu.tr/ku/index.php?option=com_content&task=view&id=2148&Itemid=3082
2
2
(i) Books in English
Sajó, András, Limiting Government, an Introduction to Constitutionalism (Hungary: CEU,
1999)
Caramani, Daniela (ed.), Comparative Politics (2008: OUP, Oxford)
Almond, Gabriel & Powell, Bingham & Dalton, Russel & Strom, Kaare, Comparative Politics
Today (2007: Longman)
Hague, Rod & Harrop, Martin, Comparative Government and Politics, 7th Edition Revised
and Updated (China: Palgrave MacMillan, 2007)
(ii) Books in Turkish
Çağlar, Bakır, Anayasa Bilimi (1989: BFS, Istanbul)
Çavuşoğlu, Naz, Anayasa Notları (1997: Beta Yayınları, Istanbul)
Erdoğan, Mustafa, Anayasa Hukukuna Giriş (2004: Adres Yayınları, Ankara)
Eroğul, Cem, Anatüzeye Giriş (2004: Imaj Yayıncılık, Ankara)
Gözler, Kemal, Anayasa Hukukuna Giriş (2007: Ekin, Bursa)
Gürbüz, Yaşar, Karşılaştırmalı Siyasal Sistemler (1987: Beta Yayınları, Istanbul)
Kaboğlu, İbrahim, Anayasa Hukuku Dersleri (2005: Legal, Istanbul)
Oder, Bertil Emrah, Avrupa Birliği’nde Anayasa ve Anayasacılık (2004: Anahtar, Istanbul)
Özbudun, Ergun, Türk Anayasa Hukuku (2008: Turhan, Ankara)
Özer, Attila, Anayasa Hukuku (2003: Turhan, Ankara)
Tanör, Bülent, Osmanlı-Türk Anayasal Gelişmeleri (2008: Yapı Kredi, İstanbul)
Teziç, Erdoğan, Anayasa Hukuku (2009: Beta, İstanbul)
c. Internet
Resmi Gazete, http://www.rega.basbakanlik.gov.tr
Mevzuat (Kanun, Tüzük, KHK ve Yönetmelikler), http://www.basbakanlik.gov.tr
TBMM, http://www.tbmm.gov.tr
Anayasa Mahkemesi, http://www.anayasa.gov.tr
Danıştay, http://www.danistay.gov.tr
Yargıtay, http://www.yargitay.gov.tr
Başbakanlık, http://www.basbakanlik.gov.tr
3
Cabinet Office, UK, http://www.cabinetoffice.gov.uk
American Presidency, http://www.americanpresident.org
Direct Democracy, http://www.c2d.unige.ch
Constitutions and Charters, http://www.confinder.richmond.edu
Constitutions
in
the
Americas,
North
and
http://www.pdba.georgetown.edu/Constitutions/constudies.html
European Court of Human Rights (ECtHR), http://www.echr.coe.int/echr/
Supreme Court of the USA, http://www.supremecourtus.gov
Supreme Court Collection, http://www.law.cornell.edu/supct/
Das Bundesverfassungsgericht, http://www.bundesverfassungsgericht.de/
Verfassungsgerichtshof Österreich, http://www.vfgh.gv.at/
Conseil Constitutionnel, http://www.conseil-constitutionnel.fr/
Corte costituzionale, http://www.cortecostituzionale.it/
Venice Commission, http://www.venice.coe.int/
South,
COURSE OUTLINE / TENTATIVE SYLLABUS
Lecture 1
(17 September)
-Introduction
Lecture 2
(19 September)
--Politics, Governments and Constitutions: Establishing Limited Government through Law
-Meaning of the Constitution: Constitution in Material and Formal Sense; Political and Legal
Meanings of Constitution; Limiting Government by Rights and Freedoms, and Checks and
Balances
Lecture 3
(24 September)
-Types of the Constitutions: Codified Constitutions, Customary /Uncodified Constitutions,
Flexible Constitutions, Rigid Constitutions, Framework Constitutions, Regulatory
Constitutions
Lecture 4
(26 September)
-Supremacy of the Constitution: Constitution as a Normative Instrument
-Constitutionalism in Europe and U.S: Early and Contemporary Constitutionalism
Lecture 5
(1 October)
-Constitution-Making: Pouvoir Constituant; Monocratic and Democratic ConstitutionMaking
-Constitutional Amendments and Their Limits: Examples from Comparative
Constitutionalism; Article 175 of Turkish Constitution
Lecture 6
(3 October) NO CLASS
Make-up class date and venue will be announced.
4
Lecture 7
(8 October)
-Ottoman-Turkish Constitutional Developments
Lecture 8
(10 October)
-Ottoman-Turkish Constitutional Developments
Lecture 9
(15 October)
-Ottoman-Turkish Constitutional Developments
Lecture 10
(17 October)
-Preamble of Turkish Constitution
Lecture 11
(22 October) NO CLASS
Make-up class date and venue will be announced.
Lecture 12
(24 October) NO CLASS (Public Holidays)
Lecture 13
(29 October) NO CLASS (Public Holidays)
Lecture 14
(31 October)
-Irrevocable features of Republic: Secular State
Lecture 15
(5 November)
-Irrevocable features of Republic: Rule of Law
Lecture 16
(7 November)
-Irrevocable features of Republic: Unitary State and Atatürk’s Nationalism
Lecture 17-18
(12-14 November)
-Irrevocable features of Republic: Democratic State and Militant Democracy
Lecture 19
(19 November)
-Irrevocable features of Republic: Social State and Social Rights
Lecture 20
(21 November)
-Irrevocable features of Republic: Fundamental Rights and Freedoms (1)
Lecture 21
(26 November)
-Irrevocable features of Republic: Fundamental Rights and Freedoms (2)
Lecture 22
(28 November)
-Irrevocable features of Republic: Fundamental Rights and Freedoms (3)
5
Lecture 23
(3 December)
-Legislation: Eligibility and Parliamentary Immunities; Features of Legislative Power, Laws
and Decrees Having the Force of Law
Lecture 24
(5 December)
-Executive: Council of Ministers and its Political Accountability
Lecture 25
(10 December)
-Executive: State President (Election and Powers)
Lecture 26
(12 December)
-Constitutional Court (1)
Lecture 27
(17 December)
-Constitutional Court (2)
Lecture 28
(19 December)
Case Studies and Questions
Lecture 29
Case Studies and Questions
Lecture 30
General Review
6