Introduction to Law

Yanıt Açıklaması: Protocol No. 11 created the European Court of Human Rights and changed the monitoring system of the European Convention on Huaman Rights.

Yanıt Açıklaması: international norms independently impact the advancement of human rights use military power

Yanıt Açıklaması: Sened-i İttifak, Gülhane Hattı Hümayünü and Kanuni Esasi were some actions and steps to create constitution. They were not technically a constitution. Besides they were before the Republic was established. Constitution of 61 is later than the 24.

Yanıt Açıklaması: The existence of human rights is a result of a struggle against unrestricted absolute power of rulers. In that sense early examples of documents limiting absolute power in a constitutional status are • Magna Carta, 1215 • Petition of Rights, 1628 • The American Declaration of Independence, 1776 • The French Declaration of Human and Citizen Rights, 1789.

Yanıt Açıklaması: As for the judicial review of administration, there are administrative and tax courts, district administrative courts and Council of State (Danıştay), as a high court.

Yanıt Açıklaması: To draft the Universal Declaration of Human Rights was the immediate purpose of the Commission on Human Rights.

Yanıt Açıklaması: Punishment is a formal condemnation of the offender, who has committed a crime. A crime is a wrongful and culpable act defined in the penal codes of a legal system. The correct answer is A.

Yanıt Açıklaması: National Assembly is authorized for this mission by the Constitution.

Yanıt Açıklaması: Legal systems have developed so-called canons of construction, which are the most important means of interpretation. The canons of construction used in the civil law are textual, historical, systematic and theological interpretation. Textual or literal interpretation is an investigation into the semantic content and the syntactic structure of a provision. The correct answer is C.

Yanıt Açıklaması: The answer is E. Because others are either other legal traditions in the world or subheadings of major ones.

Yanıt Açıklaması: History has witnessed, from ancient times until today, many great efforts to codify law: The Code of Hammurabi The law of the Athenian statesman Solon Twelve tables Corpus Juris Civilis Napoleonic Codification Movement Of these codes, the Code of Hammurabi is the oldest, which was created by the King of Babylonia in about 1760 BC. The correct answer is C.

Yanıt Açıklaması: The executive is a part of the checks and balances as a branch of government, from which the legislative should be independent. Therefore, the correct answer is E.

Yanıt Açıklaması: From our analysis so far characteristics of law in a developed system could be identified as follows: (1) Law is a system or set of rules. These rules are general, universally applicable to all cases that are within the confines of a particular rule; and finally, legal rules are predictable, (2) legal rules are binding; (3) collective enforcement of law is ensured by an authority, say, police or court; (4) depending on the legal tradition laws man made either by the legislature or judges or both. Therefore, the correct answer is D.

Yanıt Açıklaması: Some tasks of modern legal system are as follows: a) Offenders should be punished, b) Torts should be compensated and c) Agreements should be enforced. The correct answer is E.

Yanıt Açıklaması: There are two exemptions to the doctrine of precedent each of which involves the use of tools of legal reasoning: 1) Distinguishing: If a judge finds that the facts of the case he is dealing with are very similar to those of the precedent while at the same time thinking that there is a material difference between the two, he may distinguish the precedent. 2) Overruling: A judge can also overrule a decision of a lower court, if he thinks that the lower court has wrongly decided. The correct answer is D.

Yanıt Açıklaması: the common law tradition applies in England (the common law’s birthplace), and it has been exported to the members of the British Commonwealth, most states of the United States and Canada (except Quebec).

Yanıt Açıklaması: Those of the effective European Court of Human Rights are Council of Europe members subject.

Yanıt Açıklaması: The European Convention on Human Rights particularly prohibits torture and inhuman or degrading treatment or punishment, death penalty, arbitrary and unlawful detention, slavery and forced labor, and discrimination in the enjoyment of the rights and freedoms set out in it. Therefore, the correct answer is A.

Yanıt Açıklaması: The correct word is nation as a whole. Members of parliement are not representatives of people who voted fort hem or who are from their district. They represent the nation as a whole.

Yanıt Açıklaması: Third generation rights –called “solidarity rights” – concern right to development, right to peace, right to environment, right to ownership of the common heritage of mankind, etc. Therefore, the correct answer is E.