TÜRK ANAYASA HUKUKU SİTESİ

 WEB SITE OF THE TURKISH CONSTITUTIONAL LAW

 anayasa.gen.tr

 

 

CONSTITUTIONAL LAW II: TURKISH CONSTITUTIONAL LAW

 

 

Description of Course

Historical background (Ottoman and republican period), characteristics of the Turkish state according to the 1982 Constitution, fundamental rights and freedoms, the legislature (Structure and composition of Turkish Grand National Assembly [TGNA], elections, legal status of the members of TGNA,  functions and powers of the TGNA, the executive (President of the Republic, Council of Ministers, Prime Minister, ministers, regulative power of the executive (statutory decrees, regulations and by-laws), emergency procedures, the judiciary,  higher courts, Constitutional Court (composition and function), amendment of the constitution.

 

 

Course Plan for 14 Weeks (Short Version)

 1st Week: Ottoman Constitutional Developments

2nd Week: Republican Period Constitutional Developments

3rd Week: Basic Characteristics of the Turkish State According to the 1982 Constitution

4th Week: Fundamental Rights and Freedoms

 [5-7: THE LEGISLATURE]

5th Week: Turkish Grand National Assembly

6th Week: Legislative Function

7th Week: Functions and Powers of the TGNA

 [8-11: THE EXECUTIVE]

8th Week: President of the Republic

9th Week: Council of Ministers

10th Week: Rule-Making Acts of the Executive

11th Week: Emergency Procedures

 [12-13: THE JUDICIARY]

12th Week: The Judicial Power

13th Week: Judicial Review of the Constitutionality of Laws

14th Week: Amendment of the Constitution

 

 

Course Plan for 14 Weeks (Detailed Version)

1st WEEK: OTTOMAN CONSTITUTIONAL DEVELOPMENTS

[Presentation of knowledge sources of Turkish constitutional law: legislation court decisions, doctrine]

I. The Charter of Alliance (Sened-i Ittifak) of 1808

II. The Rescript of Gülhane of 1839

III. The Rescript of Reform of 1856

IV. The Ottoman Constitution of 1876 (First constitutionalist period)

A. Basic principles

B. Fundamental rights and freedoms

C. Fundamental organs of then State

V. Constitutional amendments of 1909 (Second constitutionalist period)

 

2nd WEEK: REPUBLICAN PERIOD CONSTITUTIONAL DEVELOPMENTS

I. The era of “National Liberation”: Constitution of 1921 and First Grand National Assembly

II. Constitution of 1924

III. Constitution of 1961

A. Events

B. Stipulations of 1961 Constitution

C. Application of 1961 Constitution

IV. Constitution of 1982

A. Comparison between 1961 and 1982 Constitutions from the point of view of their preparation

B. Main characteristics of the 1982 Constitutions from the point of view of its preparation

 

3rd WEEK: BASIC CHARACTERISTICS OF THE TURKISH STATE ACCORDING TO THE 1982 CONSTITUTION

I. Republicanism

II. Unitarian state

III. Respect for human rights

IV. “Atatürk nationalism”

V. Democratic state

VI. Laicism (Secularism)

VII. “Social state” (welfare state)

VIII. Rule of law

IX. Equality before the law

 

4th WEEK: FUNDAMENTAL RIGHTS AND FREEDOMS

I. Notions:  Liberty, freedom, rights, civil rights, public liberties, fundamental freedoms, basic rights, human rights, etc.

II. Classification of fundamental rights and freedoms

A. Classification according to G. Jellinek

B. Classification according to the 1982 Constitution

III. Fundamental approach of the 1982 Constitution to rights and freedoms

IV. Subjects of fundamental rights and freedoms

V. Non-abuse of fundamental rights and freedoms

VI. Restriction of fundamental rights and freedoms

VII. Sauvegarde of human rights (intern ant external protections of human rights, especially the system of the “Convention for the Protection of Human Rights and Fundamental Rights” and “European Court of Human Rights”)

 

[5-7: THE LEGISLATURE]

5th WEEK: TURKISH GRAND NATIONAL ASSEMBLY

I. Elections of the Members of Turkish Grand National Assembly [TGNA]

A. Eligibility to be a deputy

B. Electoral constituency

C. Election of deputies

D. Electoral system: d’Hondt formula of proportional representation

E. General administration and supervision of elections: The Supreme Election Council

F. Right to vote: conditions

G. Principles of suffrage: free, equal, secret, and direct, universal suffrage, and public counting of the votes

II. Legal Status of the Members of TGNA

A. Acquisition and loss of membership

B. Presentation of the nation as a whole

C. Oath-Taking

D. Activities incompatible with membership

E. Parliamentary privileges

1. Freedom of speech

2. Freedom from arrest (Parliamentary immunity)

F. Financial status of the Members of TGNA (salaries and allowances)

III. Internal Structure and Activities of the TGNA

A. Standing orders (rules of procedure)

B. Internal structure: Bureau of the Assembly, President, the deputy presidents, secretary members, and administrative members, committees, political party groups, etc.

C. Working order: Convening and adjournment, quorums, sessions, etc.

 

6th WEEK: LEGISLATIVE FUNCTION

I. Legislative function 

A. Materiel criterion

B. Formal and Organic criterion

C. Definition of legislative function according to 1982 Constitution

II. Legislative competence

A. Materiel criterion

B. Definition and scope of legislative competence

C. Characteristics of legislative competence

1. Generality

2. Originality

3. Non-alienability

II. Legislative acts

A. Parliamentary decisions

B. Laws

 

7th WEEK: FUNCTIONS AND POWERS OF THE TGNA

I. Making laws

A. Proposal

B. Debate

C. Approval

D. Promulgation

E. Being in effect

 II. Control over Council of Ministers and the Ministers

A. Question

B. General debates

C. Parliamentary inquiry

D. Parliamentary investigations

E. Motions of censure (Interpellation)

III. Authorisation of the Council of Ministers to enact decrees having force of law

IV. Approval of the budget draft and the draft law of the final accounts

V. Making decisions regarding printing of currency

VI. Making decisions regarding declaration of war

VII. Ratification of the international treaties

VIII. Proclamation of amnesties and pardons

IX. Other functions and powers

 

[8-11: THE EXECUTIVE]

8th WEEK: PRESIDENT OF THE REPUBLIC

I. Qualifications

II. Term

III. Election

IV. Duties and powers

A. Duties and powers relating to legislation

B. Duties and powers relating to executive

C. Duties and powers relating to judiciary

V. Responsibility and non-responsibility

VI. Countersignature

VII. High treason

VIII. Acting President of the Republic

IX. State Supervisory Council

 

9th WEEK: COUNCIL OF MINISTERS

I. Council of Ministers

A. Formation

B. Duties and powers of Council of Ministers

C. Responsibility of Council of Ministers

II. Prime Minister

III. Ministers

A. Nomination

B. Functions and powers of ministers

C. Responsibilities of ministers

1. Political responsibility

2. Criminal responsibility

3. Civil responsibility

 

10th WEEK: RULE-MAKING ACTS OF THE EXECUTIVE

Nature of regulative power of the executive

Regulation field of the executive

I. Statutory decrees (decrees having force of law)

II. Regulations

III. By-laws

IV. Other rule-making acts: “unnamed rule-making acts”

 

11th WEEK: EMERGENCY PROCEDURES

I. States of emergency

A. Declaration of state of emergency on account of natural disaster or serious economic crisis

B. Declaration of state of emergency on account of widespread acts of violence and serious deterioration of public order

II. Martial Law, mobilization and state of war

 

[12-13: THE JUDICIARY]

12th WEEK: THE JUDICIAL POWER

Definition and characteristics of judicial power

I. Judiciary branches in Turkey

A. Constitutional justice: Constitutional Court

B. Judiciary justice: Ordinary Courts and Court of Cassation

C. Administrative justice: Administrative courts and Council of State

D. Military criminal justice: Military courts and Military Court of Cassation

E. Military administrative justice: High Military Administrative Court

F. Solution of the conflicts of competence between the different branches of judiciary: Court of Conflicts

II. Basic principles governing judicial power

A. Independence of the courts

B. Security of tenure of judges

C. Supreme Council of Judges and Public Prosecutors

 

13th WEEK: JUDICIAL REVIEW OF THE CONSTITUTIONALITY OF LAWS

I. Composition of Constitutional Court

II. Functions and powers of Constitutional Court

III. Norms and acts subject to judicial review of Constitutional Court

IV. Norms and acts non subject to judicial review of Constitutional Court

V. Criterion of judicial review: Constitution

VI. Scope of judicial review of the constitutionality of laws

A. Review in respect of form

B. Review in respect of substance

V. Trial procedure

A. Action for annulment: Abstract review of laws

B. Contention of unconstitutionality: oncrete review of laws

VI. Decisions of the Constitutional Court

VII. Decision-taking process of Constitutional court

 

14th WEEK: AMENDMENT OF THE CONSTITUTION

I. Proposal

II. Debate

III. Adoption by Parliament (Quorums)

IV. Approval by the President of the Republic

V. Referendum

VI. Question of the judicial review of constitutional amendments

 

Editör: Kemal Gözler

E-Mail: kgozler@hotmail.com

Ana Sayfa: www.anayasa.gen.tr

 

(c) Kemal Gözler. 2001-2004. Bu sayfaya izin almadan link verilebilir. Ancak, bu web sayfası, önceden izin almaksızın ne suretle olursa olsun, kopyalanamaz, çoğaltılamaz, tekrar yayınlanamaz, dağıtılamaz, başka internet sitelerine metin olarak konulamaz. İzin için kgozler@hotmail.com  adresine başvurunuz. 5846 Sayılı Fikir ve Sanat Eserleri Kanununun 3.3.2004 tarih ve 5101sayılı kanunla değişik 71 ve 72’nci maddeleri, bir kitabı herhangi bir yöntemle (fotokopi dahil) çoğaltanları, dağıtanları, satanları, elinde bulunduranları, paraya çevrilmeksizin, 2 (iki) yıldan 4 (dört) yıla kadar hapis cezası veya 50 (elli) milyar liradan 150 (yüzelli) milyar liraya kadar ağır para cezasıyla veya zararın ağırlığı dikkate alınırık bunların her ikisiyle birden cezalandırmaktadır.