Hukuk Fakültesi/ Faculty of Law
Permanent URI for this collectionhttps://hdl.handle.net/11727/1398
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Item A 'Flawless' Constitutional Engineering Project In Turkey: Regime Transformation Through Constitutional Amendments Of 2007, 2010, And 2017(Başkent Üniversitesi Hukuk Fakültesi, 2024-04-17) Genckaya, Omer Faruk; Dunbay, SedaA functional legislature is very vital for democratisation. During the time of democratic consolidation, parliament changes from its primary roles of oversight, representation and legislation into 'important public arenas of partisan dispute, of encounters with social topics, of negotiations and of important decision-making'. Populist leaders in parliamentary systems like Turkey recently either led to sui generis presidential systems or transformed them into illiberal democracies by expanding the executive branch's power to amend the constitution, which contradicts the favourable conditions of the third wave of democratisation at the turn of the twenty-first century. By streamlining legislative processes, the Turkish Constitution of 1982 envisaged an empowered executive that would subordinate the parliament. The three constitutional modifications passed after 2007 resulted in de-democratisation, de-parliamentarisation and eventually, a regime change from democratic consolidation to autocracy. The parliamentary debates on these constitutional amendments, which included popular presidential election, judicial reform and the so-called 'Turkish style' presidential governance system, failed to reach a consensus and were marked by an adversarial rather than deliberative approach. Have constitutional reforms made in the name of re-democratisation resulted in de-democratisation, with the legislature entirely crippled, the judiciary reliant and the executive exercising sole authority? This study aims to analyse the impact of three consequential constitutional amendments on democratic backsliding in Turkey, with special reference to the decline of parliament. Parliamentary minutes on the relevant constitutional amendments, procedural changes disabling the parliament from performing its legislative and oversight functions and the actual outcomes of these amendments in terms of executive-legislative relations will be discussed. In conclusion, potentials for strengthening parliament, checks and balances, and re-democratisation will be presented.Item Assessments Regarding the Legal Status of Afghans Who are Irregular Migrants in Turkey(2022) Koca, Sema Cortoglu; IZP-7037-2023In this study, the legal statuses of Afghans who are irregular migrants in our country, due to the events in Afghanistan, have been explored. To begin with, it has been attempted to determine which of the international protection types such as refugee, conditional refugee and subsidiary protection statuses can or cannot be obtained, as well as the examples of judicial decisions. The international protection application procedure has also been discussed while making this determination. When the international protection applicants and international protection status holders in Turkey are examined, it is discovered that the majority of these groups are Afghans. The issues to be considered in the individual evaluations of the administration in terms of each applicant while granting international protection status are also discussed. Moreover, regarding the evaluations made in terms of the applicant, the decisions of the European Court of Human Rights and the Turkish court decisions are included. Our study has also evaluated whether Afghan citizens can get temporary protection status and immigrant status. Citizens of the Syrian Arab Republic who came to or crossed our borders from Syria for temporary protection as a result of the events in Syria have been granted temporary protection. In our study, the case in which it is possible to grant Afghan citizens temporary protection has been evaluated. Moreover, it has been discussed whether it is possible to grant immigrant status to Afghan citizens of Turkish origin in the past. Finally, in the study, the types of residence permit that Afghan citizens who are irregular immigrants in the country can obtain in order to legally reside in Turkey are mentioned.Item How to Approximate Cosine Curve with 4(Th) and 6(Th) Order Bezier Curve in Plane?(2022) Kilicoglu, Seyda; Yurttancikmaz, SemraThere are many ways to approximate cosine curve. In this study we have examined the way how the cosine curve can be written as any order Bezier curve. As a result using the Maclaurin series we have examined cosine curve as the 4(th) and the 6(th) order Bezier curve based on the control points with matrix form in E-2. We give the control points of the 4(th) and the 6(th) order Bezier curve based on the coefficients. Also we give the coefficients based on the the control points of the 4(th) and the 6(th) order Bezier curve too.Item Applicability of the Vienna Sale Agreement (CISG) for Advanced Purchase Agreements of COVID-19 Vaccines in EU Member States(2022) Cortoglu Koca, SemaThe European Commission has signed advanced purchase agreements with various vaccine manufacturers for the production, purchase and supply of the COVID-19 vaccine in the EU. Some parts of the agreement texts with AstraZeneca, CurevacAg and Pfizer Inc./BioNTech have been blacked out. In these agreements, it is understood that Belgian courts are competent and Belgian law is chosen. In a dispute, it is possible for the competent courts to apply CISG since Belgium is a party to the CISG. Even if choice of law hasn't been made, the fact that the workplaces of all parties to these ageements are party to CISG, makes the CISG applicable. This study evaluates the applicability of the CISG to advanced purchase agreements (especially made with AstraZeneca) in EU Member States.Item Ticaret hukukunda güncel gelişmeler(2016) Güven, KudretItem A FULLY ONLINE COURSE EXPERIENCE FROM STUDENTS' PERSPECTIVE: READINESS, ATTITUDES AND THOUGHTS(2019) Cabi, Emine; Kalelioglu, Filiz; 0000-0002-7729-5674; AAF-8110-2019The purpose of the study was to reveal the effect of a course taken through distance education on students' readiness and attitudes. Sequential explanatory design method was used as a research method in which qualitative and quantitative measurements were used in the research. For the quantitative data, a single group pre-test/post-test design was used as an experimental model; for the qualitative data, open-ended questions were asked in order to elicit students' opinions following the experimental process. The study group consisted of 266 students from different faculties and departments who were studying undergraduate and associate degree programmes at a private university in Turkey. Results indicated that the course taken through distance education had a significant effect on students' gaining Computer and Internet SelfEfficacy and was effective in improving undergraduate students' self-directed learning skills. Moreover, the course taken through distance education had a significant effect on students' familiarity with e-learning. Additionally, the course was found to be effective in decreasing the escape attitudes from e-learning.Item The effect of intratympanic oxytocin treatment on rats exposed to acoustic trauma(2019) Ocal, F. C. Akin; Kesici, G. G.; Gurgen, S.G.; Ocal, R.; Erbek, S.; 31099325Objective To investigate whether oxytocin can prevent ototoxicity related to acoustic trauma. Methods Twenty-eight rats were divided into four groups: noise (group 1), control (group 2), noise plus oxytocin (group 3), and oxytocin (group 4). Intratympanic oxytocin was administered on days 1, 2, 4, 6, 8 and 10 in groups 3 and 4. Groups 1 and 3 were exposed to acoustic trauma. Distortion product otoacoustic emission and auditory brainstem response testing were performed in all groups. Results In group 1, auditory brainstem response thresholds increased significantly after acoustic trauma. In group 3, auditory brainstem response thresholds increased significantly on day 1 after acoustic trauma, but there were no significant differences between thresholds at baseline and on the 7th and 21st days. In group 1, significant differences were observed between distortion product otoacoustic emission signal-to-noise ratios measured before and on days 1, 7 and 21 after acoustic trauma. In group 3, no significant differences were observed between the distortion product otoacoustic emission signal-to-noise ratios measured before and on days 7 and 21 after acoustic trauma. Conclusion Oxytocin had a therapeutic effect on rats exposed to acoustic trauma in this experiment.Item The outcome of loco-regional radiotherapy in metastatic castration-resistant prostate cancer patients treated with abiraterone acetate.(2019) Yildirim, Berna; Cem, Onal; Kose, Fatih; Oymak, Ezgi; Sedef, Ali Murat; Besen, Ali Ayberk; Aksoy, Sercan; Guler, Ozan Cem; Sumbul, Ahmet Taner; Mertsoylu, Huseyin; Ozyigit, Gokhan; 0000-0001-6908-3412; D-4793-2014; AAC-5654-2020Item Long-Term Oral Nutrition Supplementation Improves Outcomes in Malnourished Patients With Chronic Kidney Disease on Hemodialysis(2014) Sezer, Siren; Bal, Zeynep; Tutal, Emre; Uyar, Mehtap Erkmen; Acar, Nurhan Ozdemir; 24436491Background: There is no consensus on the type, time of initiation, or duration of use of enteral nutrition in patients with chronic kidney disease (CKD). This study aimed to compare the effects of a renal-specific oral nutrition supplement (RS-ONS) and a standard recommended nutrition regime on biochemical and nutrition markers in malnourished patients with CKD on hemodialysis. Methods: Sixty-two malnourished patients with CKD, divided into experimental (RS-ONS; n = 32; mean [SD] age, 62.0 [11.3] years; 55.2% female) and control (CON; n = 30; mean [SD] age, 57.2 [12.3] years; 31% female) groups, were evaluated for anthropometric, biochemical, and inflammatory parameters. Results: Mean (SD) serum albumin levels were significantly increased in the RS-ONS group from 3.5 (0.3) g/dL at baseline to 3.7 (0.2) g/dL at 6 months (P = .028). Significantly fewer patients had serum albumin levels of <3.5 g/dL after month 6. Dry weight of patients significantly increased in the RS-ONS but decreased in the CON groups (P < .001 for each). Percent change from baseline revealed negative results for bioelectrical impedance analysis (P < .001) in the CON group. Malnutrition inflammation score at 6 months (P = .006) and erythropoietin (EPO) dose requirements were higher in the CON group (P = .012). Conclusions: Our findings indicate that consuming RS-ONS improves serum albumin and anthropometric measures, as well as reduces EPO dose, in patients with CKD.Item New-Onset Diabetes and Glucose Regulation Are Significant Determinants of Left Ventricular Hypertrophy in Renal Transplant Recipients(2015) Sezer, Siren; Uyar, Mehtap Erkmen; Tutal, Emre; Bal, Zeynep; Guliyev, Orhan; Colak, Turan; Hasdemir, Efe; Haberal, Mehmet; 25945353Background. New-onset diabetes after transplantation (NODAT) is associated with decreased graft survival and an increased risk for cardiovascular disease. The objective of this study was to evaluate the risk factors for development of NODAT and its' relationship with arterial stiffness and left ventricular mass index (LVMI) in kidney transplant recipients. Methods. 159 kidney transplant recipients were selected from our transplantation center who underwent renal transplantation between years 2007 and 2010. Results. Among 159 patients, 57 (32.2%) patients were with NODAT who were significantly older than patients without diabetes (P: 0.0001). Patients with NODAT had significantly higher pulse wave velocity (PWv) (P: 0.033) and left ventricular mass index LVMI (P: 0.001) compared to patients without NODAT. Further analysis was done according to LVMI as follows: LVMI > 130 g/m(2) (n: 57) and LVMI <= 130 g/m(2) (n: 102). We observed higher office systolic and diastolic BP, serum trygliceride, glucose, creatinine, age, and HbA1c (P: 0.0001) levels in patients with LVMI > 130 g/m(2). Linear regression analysis revealed that HbA1c was the major determinant of LVMI (P: 0.026, beta: 0.361). Conclusions. HbA1c is the major determinant of LVMI, so strict control of serum glucose levels is essential for preventing cardiovascular disease in patients with NODAT.