Comparative Constitutional Law (LAW 312)

2021 Spring
Faculty of Arts and Social Sciences
Law(LAW)
3
6.00 / 6.00 ECTS (for students admitted in the 2013-14 Academic Year or following years)
Oya Yeğen zoyayegen@sabanciuniv.edu,
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English
Undergraduate
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CONTENT

This course explores the similarities and differences between written constitutions that stem from diverse legal and cultural backgrounds. While the chosen constitutions may differ according to the instructor, the emphasis is on making critical comparisons between the different constitutional systems, including substantive areas such as: Judicial Review; Individual Freedoms; Separation of Powers; Centralization of Decision Making; Pluralism; and Protection of Democratic Principles.

OBJECTIVE

The course will explore the similarities and differences between two written constitutions
from diverse legal and cultural backgrounds: Turkey?s Constitution and the U.S.
Constitution. Students will examine substantive areas such as: Judicial Review; Individual
Freedoms; Separation of Powers; Centralization of Decision Making; Pluralism; and
Protection of Democratic Principles. Drafting, adoption, amendment, and methods of
interpretation of the documents will be discussed. Students should learn how these legal
texts embody the values of a society; either reflecting the society, or seeking to advance or
retard change within the society

LEARNING OUTCOME

Students will:

a) describe the main differences in substantive areas between a Constitution emerging from
the civil law tradition, and one emerging from the common law tradition.
b) identify both similarities, and differences, in the function of the Constitution of each
country.
c) describe some of the major differences in the substantive constitutional law of Turkey
and the U.S.
d) Analyze adoption and change of these Constitutions.
e) develop independent study and legal reading skills,
f) evaluate legal material (Constitutions and court cases) to produce, to a deadline, a
coherent and cogent argument, developed through the mode of assessment.