COURSE UNIT TITLE

: GENERAL THEORY OF PUBLIC LAW

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
HUK 1014 GENERAL THEORY OF PUBLIC LAW COMPULSORY 2 0 0 6

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

ASISTANT PROFESSOR SERKAN EKIZ

Offered to

Law

Course Objective

General Theory of the State aims to execute that there are political, economical and social facts behind the appearance period of the legal provisions and the legal structure that these provisions are applied may only be meaningful under the institutionalized political power.

Learning Outcomes of the Course Unit

1   Being able to execute the meaning of political power and its difference to other types of social power.
2   Being able to interpret the historical evolution of the state and its ultimate form.
3   Being able to execute, the meaning of political order and legal order which are two basic order of state and its relationship with each other.
4   Being able to explain, universal principles and values such as human rights and superiority of law which is creating the legal rules fundamental element of the legal order of the state.
5   Being able to determine, close relationship between political ideology which is dominated of political order of the state and legal rules which are fundamental element of legal order.
6   Being able to discern from interaction between globalization phenomenon and modern state which is not only economical but also political and legal.
7   Being able to analyse, human rights is most influential legal instrument for restriction of political power.
8   Being able to determine, development and generalization of human rights has a vital importance for democratic constitutional system.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 The Concept of State, Definition Problem and Definition of Experiments.
2 The Concept of Power, The Concept of Social Power, The Types of Social Power, The Meaning, Scope of Political Power and Distinction From Other Social Power
3 The Early Period of Instituionalized Political Power: Ancient Greece City State, Features and Impact of The Next Period.
4 Political and Social Structure of the Medieval Age.
5 The General Framework
6 The Problem of the Source of the Political Power in the Medieval Age.
7 The Theoretic Approach to Laic Foundations of the Political Power in the Medieval Age
8 The Early Period Reflections of the Modern State
9 The General Features of the Political and Economical Structure of the Period
10 The Rise of the Absolute Monarchy
11 The Problem of the Source of Sovereignity in the Absolute Monarchy
12 Sense of Law and Justice in the Absolute Monarchy
13 The Transition Period from the Modern State to the Nation State, Outlines of the Social, Political and Legal Dynamics
14 I. Mid-Term
15 I. Mid Term
16 Nation State, Definition and Theoretical Foundations
17 The Approachs to Theoretical Foundations of the Nation State
18 The Idea of Natural Law and Its Impacts in the 17th and 18th Century
19 The French Declaration of Human and Civil Rights and Its Impact
20 The Components of the Political and the Legal Order of the Nation State
21 The Nation State Limited by the Human Rights as an Institutionalized Power
22 The Nation State as a Source of Legitimacy Temporality Institutionalized Political Power: Laic, Democratic State
23 The Human Rights as a Legal Instrument Limitation of Political Power and Its Foundations of Theoretical and Instutional.
24 International Dimensions of the Human Rights and Projections of the Domestic Law
25 Globalization Phenomenon and Its Economic, Political and Legal Dimensions
26 Globalization and Its Impacts on the Nation State; The Opposite or the Cooperation
27 Globalization and Its Impacts on the Political and Legal System of the Turkey.
28 II. Mid-Term
29 II. Mid-Term

Recomended or Required Reading

1-Mehmet Akad/Bihterin Vural Dinçkol, Genel Kamu Hukuku, Der Yayınları, 4. Basım, Is-tanbul, 2006.
2- Münci Kapani; Kamu Hürriyetleri, Yetkin Yayınları, 7.Baskı, Ankara, 1993.
3- Münci Kapani, Insan Haklarının Uluslar arası Boyutları, Bilgi yayınevi, 2.Bası, Ankara 1991
4- Ilyas Doğan, Devlet ve Toplum Kuramlarına Yeni Yaklaşımlar, Yeni Insan yayınevi, Is-tanbul, Ekim 2008.
5-Münci Kapani, Politika Bilimine Giriş, Bilgi yayınevi, 14. Basım, Eylül 2002.
6-Cemal Bali Akal, Devlet Kuramı, Dost yayınları, Ankara, Temmuz 2000.
7-Cemal Bali Akal, Iktidarın Üç Yüzü, Dost Yayınları, Ankara, 2012.
8- Gianfranco Poggi, Modern Devletin Gelişimi, Istanbul Bilgi Yayınları, Istanbul 2009.
9-Gianfranco Poggi, Devlet (Doğası, Gelişimi ve Geleceği), Istanbul Bilgi Üniversitesi Yayınları, 2007.

Planned Learning Activities and Teaching Methods

Lectures, Slide Show, Case law.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE 1 MIDTERM EXAM 1
2 MTE 2 MIDTERM EXAM 2
3 MTEG MIDTERM AVERAGE GRADE MTE 1 * 0.50 +MTE 2 * 0.50
4 MTE 3 MIDTERM EXAM 3
5 FIN FINAL EXAM
6 FCG FINAL COURSE GRADE MTE 3 + FIN
7 RST RESIT
8 FCGR FINAL COURSE GRADE (RESIT) MTE 3 +RST


Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

To be announced.

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 25 2 50
Preparations before/after weekly lectures 25 2 50
Preparation for midterm exam 2 10 20
Preparation for final exam 1 26 26
Final 1 2 2
Midterm 2 1 2
TOTAL WORKLOAD (hours) 150

Contribution of Learning Outcomes to Programme Outcomes

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