Information Package
baskent.edu.tr

Master's of Public Law with Thesis

HUKK512

UNCONSTITUTIONAL CONSTITUTIONAL AMENDES

Course Code
HUKK512
Semester
-
Theory+Practice
3 + 0
ECTS
7
Course TypeElective Course
Course LevelMaster's Degree With Thesis
Year of Study-
Semester-
ECTS7
Name of Lecturer(s) -
Learning Outcomes

At the end of this course, the students;

  1. Provides the analysis of constitutional amendments that are unconstitutional and their role in constitutional law.
  2. Establishes a theoretical framework for the judicial review of unconstitutional amendments to the constitution.
  3. Gains the ability to evaluate the decisions of the Turkish Constitutional Court on the supervision of constitutional amendments.
Mode of Delivery
PrerequisitesNo
Recommended Optional Programme ComponentsNone
Course DescriptionProvides the analysis of constitutional amendments that are unconstitutional and their role in constitutional law.
Course Contents
WEEK TOPICS
1st Week The Concept of Constitutional Amendment and the Constituent Power Relationship
2nd Week Judicial Supervision of Unconstitutional Amendments and Different Application Examples
3rd Week Emergence and Development of the Turkish Constitutional Judiciary
4th Week Judicial Review of Unconstitutional Constitutional Amendments in the 1961 Constitution
5th Week Judicial Review of Unconstitutional Constitutional Amendments in the 1982 Constitution
6th Week Debates on Judicial Activism in Terms of Immutable Provisions of the Constitution and Constitutional Amendments
7th Week Evaluation of the Decisions of the Turkish Constitutional Court on the Supervision of the Constitutional Amendments
8th Week MIDTERM
9th Week Models for Changing the Constitution According to Richard Albert
10th Week The Concept of transnational Constitutionalism, the relationship of the Constitutional Amendments
11th Week Examination of the Decisions of the Federal Supreme Court of Germany on the Substantive Supervision
12th Week Review of the Supreme Court of India's Judgments on the Substantive Audit
13th Week Evaluation of Unconstitutional Constitutional Amendments in the Context of Transnational Constitutionalism
14th Week Student Presentations
15th Week FINAL EXAM
Recommended or Required Reading-DOĞRU, Ceren, Sınırötesi Anayasalcılık Bağlamında Anayasaya Aykırı Anayasa Değişikliklerinin Yargısal Denetimi, 2022, Yetkin Yayınları, Ankara.
-ROZNAI, Yaniv, Unconstittutional Constituinonal Amendents: The Limits of Amendment Powers, 2017, Oxford Universty Press.
-ÖZBUDUN, Ergun, Türkiye?de Demokratikleşme Süreci: Anayasa Yapımı ve Anayasa Yargısı, 2014 İstanbul Bilgi Üniversitesi Yayınları, İstanbul.
-TURHAN, Mehmet, Anayasal Devlet, Naturel Yayıncılık
-TURHAN, Mehmet, Anayasaya aykırı Anayasa Değişiklikleri, Ankara Üniversitesi Hukuk Fakültesi Dergisi, 1976, Cilt3 Sayı 1
-FENDOĞLU, Hasan Tahsin, Anayasa Hukuku, 2022, Yetkin Yayınları, Ankara
- ALBERT Richard, Nonconstituional Amendments, The Canadian Journal of LAw and Jurisprudence, Vol XXII,No 1, JAnuary 2009, s.12-21
Planned Learning Activities and Teaching Methods
  • Lecture
  • Discussion
  • Presentation
  • Questions/Answers
Assessment Methods and Criteria
Quantity Percentage (%)
Mid-term 1 30
Assignment 1 30
Total(%) 60
Contribution of In-term Studies to Overall Grade(%) 60
Contribution of Final Examination to Overall Grade(%) 40
Total(%) 100
ECTS Allocated Based on Student Workload
Activities Quantity Duration (Hour) Total Workload (Hour)
Midterm exam 1 2 2
Preparation for Quiz
Individual or group work 14 4 56
Preparation for Final exam 14 4 56
Course hours 14 4 56
Preparation for Midterm exam 7 3 21
Laboratory (including preparation) 14 1 14
Final exam 1 2 2
Homework 1 2 2
Total Work Load209
Total Work Load / 30 (h)6.96
ECTS Credit of the Course7
Language of Instruction-
Work Placement(s)No

Programme Qualifications / Learning Outcomes

LO1 LO2 LO3
K1 X X X
K2 X X X
K3 X X X
K4 X
K5 X X X
K6 X
K7 X
K8 X X X