| PUBLIC LAW (TURKISH, PHD) | |||||
| PhD | TR-NQF-HE: Level 8 | QF-EHEA: Third Cycle | EQF-LLL: Level 8 | ||
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| HUK6110 | Invariability Principle in Constitutions | Spring | 3 | 0 | 3 | 11 |
| The course opens with the approval of the Department at the beginning of each semester |
| Language of instruction: | Tr |
| Type of course: | Departmental Elective |
| Course Level: | |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Assist. Prof. SERKAN KÖYBAŞI |
| Course Objectives: | The aim of this course is to convey the theory and practice of immutable clauses in various constitutions of the world by using comparative law methods. The course aims to discuss why there is a need for immutable clauses in constitutions, by whom these clauses can be determined and the legal value of these clauses. In addition, the decisions of constitutional courts on immutable clauses will also be presented. |
|
The students who have succeeded in this course; When students take this course, Understands the difference between original and derivative constituent powers in depth, Have knowledge about various immutable substances in the world, Have the capacity to develop ideas about the theoretical reasons and practical consequences of the emergence of the concept of invariant substances, Specializes in constitutional court decisions on immutable articles within the framework of comparative law. |
| Emergence of the concept of immutable substances Which articles are recognized as immutable Hierarchical relationship between original and derivative constituent power The legal value of immutable clauses Theory and practice that immutable substances are changeable Examination of constitutional court decisions on immutable articles within the framework of comparative law |
| Week | Subject | Related Preparation | |
| 1) | The emergence of the concept and practice of the written constitution | ||
| 1) | The emergence of the concept and practice of the written constitution | ||
| 2) | The concepts of original and derivative constituent powers | ||
| 3) | The explanation of the hierarchy between the original and derivative constituent powers | ||
| 5) | The theoretical basis and emergence of invariant substances | ||
| 6) | Political background of immutable articles | ||
| 7) | Discussions on the legal value of immutable articles | ||
| 8) | Implicit immutability: Basic structure doctrine | ||
| 9) | Constitutional jurisprudence on immutable articles: France | ||
| 10) | Constitutional jurisprudence on immutable articles: Germany | ||
| 11) | Constitutional jurisprudence on immutable articles: Türkiye | ||
| 12) | Constitutional jurisprudence on immutable articles: India and others | ||
| 13) | Student presentations | ||
| 14) | Student presentations | ||
| Course Notes: | |
| References: | Richard Albert, Bertil Emrah Oder (ed.), An Unamendable Constitution? Unamendability in Constitutional Democracies, Springer, 2018. Yaniv Roznai, Unconstitutional Constitutional Amendments, Oxford, 2017. Osman Can, Kurucu İktidar, Alfa, 2013. Serkan Köybaşı, Anayasalarda Değişmezlik: Değişmez Maddelerin Teorisi ve Pratiği, basılmamış doktora tezi, 2014. |
| Semester Requirements | Number of Activities | Level of Contribution |
| Attendance | 0 | % 0 |
| Laboratory | 0 | % 0 |
| Application | 0 | % 0 |
| Field Work | 0 | % 0 |
| Special Course Internship (Work Placement) | 0 | % 0 |
| Quizzes | 0 | % 0 |
| Homework Assignments | 1 | % 20 |
| Presentation | 1 | % 40 |
| Project | 0 | % 0 |
| Seminar | 0 | % 0 |
| Midterms | 0 | % 0 |
| Preliminary Jury | 0 | % 0 |
| Final | 1 | % 40 |
| Paper Submission | 0 | % 0 |
| Jury | 0 | % 0 |
| Bütünleme | % 0 | |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 60 | |
| PERCENTAGE OF FINAL WORK | % 40 | |
| Total | % 100 | |
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 14 | 3 | 42 |
| Laboratory | 0 | 0 | 0 |
| Application | 0 | 0 | 0 |
| Special Course Internship (Work Placement) | 0 | 0 | 0 |
| Field Work | 0 | 0 | 0 |
| Study Hours Out of Class | 14 | 12 | 168 |
| Presentations / Seminar | 1 | 3 | 3 |
| Project | 0 | 0 | 0 |
| Homework Assignments | 1 | 0 | 0 |
| Quizzes | 0 | 0 | 0 |
| Preliminary Jury | 0 | 0 | 0 |
| Midterms | 0 | 0 | 0 |
| Paper Submission | 0 | 0 | 0 |
| Jury | 0 | 0 | 0 |
| Final | 1 | 3 | 3 |
| Total Workload | 216 | ||
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | - | |
| 2) | - | |
| 3) | - | |
| 4) | - | |
| 5) | - | |
| 6) | - |