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Course Title: |
COMPARATIVE CONSTITUTIONAL LAW |
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Course Code: |
KMY6117 |
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Type of Course: |
Optional |
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Level of Course: |
Third Cycle |
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Year of Study: |
1 |
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Semester: |
1 |
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ECTS Credits Allocated: |
3 |
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Theoretical (hour/week): |
2 |
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Practice (hour/week) : |
0 |
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Laboratory (hour/week) : |
0 |
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Prerequisites: |
non |
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Recommended optional programme components: |
None |
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Language: |
Turkish |
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Mode of Delivery: |
Face to face |
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Course Coordinator: |
Prof. Dr. RAMAZAN CENGIZ DERDİMAN |
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Course Lecturers: |
- |
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Contactinformation of the Course Coordinator: |
E-mail: rcderdiman@uludag.edu.tr
Tel: 0224 2941084
Adres: Uludağ Üniversitesi İİBF Kamu Yönetimi Bölümü, Görükle Kampusu16059 Nilüfer/Bursa
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Website: |
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Objective of the Course: |
The course aims to provide the students with the knowledge on the nature of Constitutional Law in Turkey and in comparative law as well as its role and different models. Besides, the course examines the relation of the role of Constitutional Law to national will and the conflicting points of this relation. |
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Contribution of the Course to Professional Development |
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| Week |
Theoretical |
Practical |
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Week 1: The Nature and undertaken of the constitutional judiciary
Course Description Won, providing information about the nature of the constitutional judiciary will be given information about the contents and functions of constitutional review undertaken will be evaluated. Despite the political supervision of compliance with the Constitution, constitutional review will focus on the reasons for choice.
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2. Week: The constitutional review by the Will of National Problem of Adaptation
Checking for compliance with the Constitution, the judicial declaration of the will of national compliance with democratic principles and constitutional review will discuss the problem in countries where the problem will be assessed to ensure compliance with the Constitution.
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3. Week: Models of Constitutional justice-I: Establishment Inspection do
Organization will control the form of a single organ in the center or center from outside the organization will be discussed taking into consideration the comparative systems.
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4. Week: The judgment of the Constitutional Models-II: Audit Officer a separate judicial Layout
To undertake this task the earth with justice just because of constitutional justice or judicial authority to audit the use of the courts in order to compare models and discuss the benefits and drawbacks.
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5. Week: Models of Constitutional Jurisdiction-III: Control the issue of whether or not the issue in effect
Entered into force in the realm of public law and not to let the process according to law, preventive and corrective control models, they evaluated the benefits and drawbacks
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6. Week: The Establishment and Duties of the Constitutional Court by the Constitution of 1982
Constitutional Court in Turkey in terms of organization structure should be present and will be evaluated. In addition, the Constitutional Court, the right of application tasks, and personal dimensions of them, whether there is sufficient functioning will be discussed.
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7. Week: Members of the Constitutional Court, Elections and Their Status
In our country, and the procedures and conditions for selection of judges of the Constitutional Court in comparative law, the Constitutional Court's task to evaluate and discuss the current situation in terms of originality will be made to create the appropriate delegation.
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8. Week: Judicial Review of Business Figures: Types of Lawsuits
Abstract norm control in Turkish Law (annulment) and concrete norm control (plea or contested the way) the procedures and conditions will be discussed and solutions that were discussed the problems arising from them.
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9. Week in control of compliance with the Constitution-I
Audit in terms of both form and substance, constitutional amendments, will be evaluated control laws and Decree of the Constitutional amendments, and mainly focus on the control of the cases which will be discussed.
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10. Week in control of compliance with the Constitution-II: Constitutional Restrictions
According to the Constitution and laws, the Constitution can not be done for compliance audits Revolutionary Laws, international treaties and law, martial law and emergency decrees and decisions of the parliamentary debate in terms of status and determination of those who made them control.
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11. Week: The Constitutional Court Procedure
Judgment and supervision of compliance with the Constitution and other decision-making procedure to be followed, the decisions sought to express terms of meeting and discussion on, and they will be determined by the number of quorum.
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12. Week: Supreme Court Decisions, and Binding the Entry into Force
Bound by the decisions of the Constitutional Court and the precision of the Constitutional Court's task finalization issues lead to decisions and methods, subject to the control of the way the law to keep control of compliance with the Constitution, proposals will be evaluated.
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13. Week: Decisions of the Constitutional Court, Place of Jurisdiction to specifications International Judicial Organs
International law and the decisions of the Constitutional Court decisions of the courts in terms of accuracy and value of the binding of understanding adopted by the Constitutional Court on this issue is discussed and determined.
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14. Week: The Problem of the Constitutional Court act in accordance with the Constitution
Considered to conform to the Constitution guarantees the Constitutional Court controls and methods, public opinion and thoughts on this subject matter will evaluate himself. Procedure of the Constitutional Court
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Textbooks, References and/or Other Materials: |
A-Textbook:
Ramazan Cengiz Derdiman, Anayasa Hukuku, 2. Baskı, Alfa Aktüel Yayınları, Bursa, 2011
B- References:
1-) Kemal Gözler, Türk Anayasa Hukukunun Genel Teorisi, Ekin Kitabevi Yayınları, 2011
2-) Ergun Özbudun, Türk Anayasa Hukuku, Yetkin Yayınları, Ankara, 2011
3-) Erdoğan Teziç, Anayasa Hukuku, Beta Yayınları, İstanbul, 2011
4-) Servet Armağan, Anayasa Mahkemesinin Kazaî Murakebe Sistemi
5-)Metin Kıratlı, Anayasa Yargısında Somut Norm Denetimi
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Assesment |
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