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
PRE-REQUISITES OF THE COURSE
No
RECOMMENDED OPTIONAL PROGRAMME COMPONENT
None
COURSE DEFINITION
Provides 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
RECOMENDED 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 WORKLOAD
Activities
Number
Hours
Workload
Midterm exam
Preparation for Quiz
Individual or group work
Preparation for Final exam
Course hours
Preparation for Midterm exam
Laboratory (including preparation)
Final exam
Homework
Total Workload
Total Workload / 30
ECTS Credits of the Course
7
LANGUAGE OF INSTRUCTION
WORK PLACEMENT(S)
No
KEY LEARNING OUTCOMES (KLO) / MATRIX OF LEARNING OUTCOMES (LO)