096926

SoSe 18: Introduction to Turkish Constitutional Law

Bilge Bingöl Schrijer

Hinweise für Studierende

In dieser Lehrveranstaltung besteht Teilnahmepflicht. Weitere Hinweise lesen Sie bitte hier

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Course Description:

On April 17 in 2017, the population of the Turkish Republic has voted for the presidential system. Turkey thus left the parliamentary system behind which marked one of its founding ideals since its establishment. Although called “presidential system”, Turkish public law academics are referring to it as a “Turkish type” of presidential system due to its significant differences from classical types of a presidential system. With regard to the new constitution of Turkey, the constitutional values such as “separation of powers”, “supremacy of the constitution” and “rule of law” are now being discussed from different points of view and it looks like the debate will not come to an end soon. Irrespective of the constitutional change, the principles of laicism, social state and protection of the human rights continue to be the major issues for Turkish political life and for the law academics.

The course first aims to give an insight of the late Ottoman State’s modernization period and the first constitutional movements in the Ottoman State by linking it to the legal education in the Ottoman State. The four major political ideologies in the late Ottoman political life have a particular effect on today’s Turkish Republic’s politics and legal system. The debate of Atatürk and Ziya Gökalp on the unity of “civilization and culture” (Atatürk) and the separation of “civilization and culture” (Ziya Gökalp) for instance, is essential to understand Turkish identity discourses and consequently is still significant in today’s social, political and legal discourse.

Secondly, the course aims to provide a short outline of the constitutional history of the republic (1921, 1924, 1961, 1982 Constitutions) and of the basic constitutional values of Turkey such as republicanism, Atatürk nationalism, laicism, democracy, rule of law, social state, equality and respect to human rights. To do so, selected decisions of the Turkish Constitutional Court and relevant ECHR decisions will be discussed as well.

Thirdly, the course aims to shed light on the construction of the legislative, executive and judicative powers as well as on the “state of emergency rules” and “the rules on changing the constitution” of the Turkish 1982 Constitution in particular. Therefore, the debates on the decision of the Turkish Constitutional Court about the recent “declaration of the state of emergency” and about the constitutional change will be analyzed. By doing so, it intends to explain the “how”s and “why”s of the government system change from a legal point of view as well as from a political history’s perspective and to incite further discussions on these topics with an international audience.

Course Type:

Practical language exercise

Course Date and Duration:

28.05.2018 - 8 Weeks, 4 Hours per week = in total 32 hours

Course Registration:

Please register via Campus Management, Module "Fremdsprachenfachkompetenz A or B"

Exam:

There will be a written final examination

Frequency:

The course will be held in summer semester 2018 Schließen

16 Termine

Regelmäßige Termine der Lehrveranstaltung

Do, 14:00 - 16:00 8 Termine

Do, 31.05.2018 14:00 - 16:00

Dozenten:
Dr. Bilge Bingöl Schrijer