1. BLAW 202 - Public & Private Law
Areas of Public Law:
Constitutional Law
Administrative Law
Criminal Law

2. CONSTITUTIONAL LAW 1. Sets up gov’t structure & branches
(Part Three of Turkish Constitution)
2. Defines basic individual rights
(Part Two of Turkish Constitution)

3. 1. Government Structure & Branches
(three basic models)
A. Parliamentary System (Parlamenter Sistemi)
B. Presidential System (Başkanlık Sistemi)
C. Semi-Presidential System (French hybrid)

4. A. Parliamentary System (Parlamenter Sistemi)
1. Usually has head of state (President/King) and head of gov’t (Prime Minister)
a. President: 5-year term in Turkey (used to be 7)
b. Prime Minister: 4-year term in Turkey
* They share executive power, along with Parliament
2. Parliament (e.g. Turkey’s GNA) approves chosen Prime Minister, who is also a member of Parliament
a. Prime Minister is an instrument of Parliament and he is accountable (he can be removed)
b. Voters elect members of Parliament, and sometimes the head of state (if President)

5. B. Presidential System (Başkanlık Sistemi)
1. Executive power is undivided; rests with a single person and his/her cabinet
2. No merging of legislative & executive power
3. Elected for fixed period (4 years average); usually have term limits
4. May not generally be removed by legislature
5. The citizens vote for the president and for the legislative body members (Congress/Parliament)

6. C. Semi-Presidential System (hybrid) – e.g., France
1. President is elected by the people
2. President has strong executive power granted by Constitution; governs his/her own cabinet; can dissolve Parliament and remove PM
3. Separate office for Prime Minister (chosen by president; Prime Minister is leader of parliament)
4. Laws can be introduced by the president and/or the parliament

7. 2. Basic Rights of the Individual (Turkey)
Basic rights/freedoms are guaranteed by Part II, Article 12
A. Art right to life & physical integrity
B. Art personal liberty & security
C. Art privacy of individual life
D. Art. 22 – freedom & secrecy of communication
E. Art freedom of religion
F. Art freedom of expression
G. Art right to property
(Arts contain the detailed list)
(Art. 14 – should not abuse these rights & freedoms)

8. ADMINISTRATIVE LAW 1. Defines structure and role of agencies
2. Specifies procedures that agencies must follow
3. Regulates judicial review of agency decisions

9. ADMIN. LAW – Founding Principles
1. Democracy: keep control of gov’t power; respect individual private rights
2. Rule of Law (hukuk devleti ilkesi): use fixed and consistent procedures; follow agency rules; equal access to courts
a. Civil Law - codes govern agencies
b. Common Law - statutes govern them (ex: APA, enabling legislation)

10. CRIMINAL LAW
1. Used by the gov’t to prosecute and punish those who commit crimes
2. Certain crimes may be committed by someone other than a living person

11. CRIMINAL LAW – Main Principles
1. To be a “crime,” statute must specifically describe the act and provide a penalty
2. If an act is not addressed by statute, the gov’t cannot punish someone for it
3. Lawmakers must define crimes in detail (must not leave it vague so court/jury has to guess whether a crime was committed)

12. CRIMINAL LAW – Turkey
1. Governed primarily by Turkish Criminal Code (TCC), and Code of Misdemeanors
2. Goals of TCC (Art. 1):
A. Protect - individual rights/freedom public order/security
- state of justice
- public health/environment
- communal peace
B. Discourage/Deter - committing offenses

13. 3. Felonies v. Misdemeanors
A. Felony (cürüm) – very serious crime; punishable by jail / prison / maybe death; even attempting a felony is a crime
B. Misdemeanor (kabahat) – minor crime; may be handled by agency; punished by fine, suspension, short jail time; attempting a misdemeanor is not usually a crime