GRADUATE SCHOOL

Public Law With Thesis (Turkish)

KHUK 520 | Course Introduction and Application Information

Course Name
Theory of Constitutional Social Rights
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
KHUK 520
Fall/Spring
3
0
3
7.5

Prerequisites
None
Course Language
Turkish
Course Type
Elective
Course Level
Second Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course -
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to examine the normative features of social rights from the perspective of constitutional law and their implementation at the level of constitutional review.
Learning Outcomes The students who succeeded in this course;
  • The students who succeed in this course can; • explain why constitutional social rights have increasingly become subject of judicial disputes
  • define the problem of justiciability of constitutional social rights
  • discuss that social rights do not differ from other constitutional rights
  • classify the constitutional protection regimes of social rights
  • compare attitudes of constitutional courts towards social rights
Course Description The course will mainly focus on the characteristics of constitutional social rights and the question of their justiciability. For this, both the discussions in the literature will be examined and the comparative case-law will be discussed.

 



Course Category

Core Courses
Major Area Courses
X
Supportive Courses
Media and Management Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 Introduction of the course, subject and method
2 Historical development of constitutional social rights Yolcu, s. 22-28; Dericiler, s. 19-54; Tanör, s. 43-74.
3 Social rights constitutionalism Yolcu, s. 28-48
4 Concept of right and social rights Yolcu, s. 48-56; Tanör, s. 13-42.
5 Components of constitutional social rights Yolcu, s. 56-90; Tanör, s. 74-79.
6 The problem of justiciability of social rights-I Yolcu, s. 91-120; Dericiler, s. 220-238.
7 The problem of justiciability of social rights-II Yolcu, s. 121-133
8 Judicial practice: South Africa Yolcu, s. 161-205
9 Judicial practice: Colombia Yolcu, s. 206-236
10 Judicial practice: India Yolcu, s. 236-264
11 Constitutional status of social rights in Turkey Yolcu, s. 300-315; Tanör, s. 142-149 & s.163-169.
12 Turkish Constitutional Court’s Approach Towards Social Rights Yolcu, s. 315-360; Tanör, s. 372-381.
13 European Court of Human Rights’ Approach Towards Social Rights Yolcu, s. 362-377; Dericiler, s. 241-251.
14 Paper presentations
15 Paper presentations
16 Final Exam

 

Course Notes/Textbooks

Serkan YOLCU, Anayasa Yargısında Sosyal Hakların Korunması, Ankara: Seçkin, 2018.

Suggested Readings/Materials

Bülent TANÖR, Anayasa Hukukunda Sosyal Haklar, İstanbul: May Yayınları, 1978; İbrahim KABOĞLU (ed.), Anayasal Sosyal Haklar: Avrupa Sosyal Şartı, Karşılaştırmalı Hukuk ve Türkiye, İstanbul: Legal, 2012; Özge Yücel DERİCİLER, Sosyal Haklar ve İnsan Hakları Hukuku Çerçevesinde Devletin Yükümlülükleri: Refah Devletinin Krizi Ekseninde Bir İnceleme, İstanbul: On İki Levha, 2014.

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
1
50
Presentation / Jury
1
20
Project
Seminar / Workshop
Oral Exams
Midterm
Final Exam
1
30
Total

Weighting of Semester Activities on the Final Grade
2
70
Weighting of End-of-Semester Activities on the Final Grade
1
30
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Theoretical Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: '.16.' x total hours)
16
0
Study Hours Out of Class
16
3
48
Field Work
0
Quizzes / Studio Critiques
0
Portfolio
0
Homework / Assignments
1
50
50
Presentation / Jury
1
34
34
Project
0
Seminar / Workshop
0
Oral Exam
0
Midterms
0
Final Exam
1
45
45
    Total
225

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

Consolidates the interpretation ability with an analytic and integral point of view on the basis of legal norms in the field of public law.

X
2

Develops her/his knowledge in expertise level regarding the terms and institutions in public law and its subdivisions.

X
3

Forms new information by combining theoretical and applied knowledge obtained in public law with the knowledge from different disciplines.

X
4

Solves problems by using the theoretical and applied knowledge obtained in expertise level regarding private law

X
5

Uses the research methods unique to the area of public law.

X
6

Transfers the knowledge and equipments to be obtained in expertise level regarding public law and its subdivisions in an efficient way both in written and verbally.

7

Solves the legal problems especially, the disputes before the courts.

X
8

Considers social, scientific and ethic values in the processing and evaluation phases of knowledge.

X
9

Carries on a study independently which requires expertise in public law and its subdivisions.

X
10

Prepares an authentic dissertation/term project in compliance with the scientific criteria in public law.

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest

 


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