Introduction to Law

Yanıt Açıklaması: The Constitution of 1924 consisted of principles for both assembly government and parliamentary system at the same time. Sovereign powers of the nation –legislative and executive– were vested in the Grand National Assembly. Therefore, the correct answer is D.

Yanıt Açıklaması: Because gap filling also known as judge made law. Judge creates a new rule about the case in hand.

Yanıt Açıklaması: One can list the characteristics of a good jurist as follows: • A sense of justice; • Judgmental reticence; • Feeling for and interest in the social and ethical dimensions of law; • Sympathy for people and their behaviors; • Empathy; • Objectivity and a sense of the different characteristics of the various fields of law and their roles in the state and courage to ask and answer questions.

Yanıt Açıklaması: The applicability of the lex superior principle requires a legal order based on a hierarchy among legal norms. As you may remember the hierarchy of norms in the Turkish law explained in the first chapter, the constitution sits at the apex of the hierarchy of norms. That is, if a conflict arises between a provision of the constitution and a statute, the constitution shall prevail in accordance with the lex superior principle.

Yanıt Açıklaması: Turkish legal system is based on the hierarchy of norms. The sources of the Turkish law ordered in a top-down hierarchy are as follows: The Constitution International treaties Statutes Decrees with the effect of law Regulations By-laws Customary law Judicial decisions The correct answer is D.

Yanıt Açıklaması: Systematic interpretation looks at the context of a norm; hence, it involves an investigation into the relations between the norm to be applied and other relevant norms and codes of the same legal system. This mode of interpretation serves the interests of consistency and coherence of the legal system as a whole.

Yanıt Açıklaması: Civil law tradition is written and based on codes. In this tradition, case law does not have binding force on other courts and there is no jury system. So clause (I) is wrong. The correct answer is D.

Yanıt Açıklaması: Human rights are universal rights, which are equal, inalienable, indivisible, interdependent and inherent to human being. Therefore, the correct answer is C.

Yanıt Açıklaması: Separation of powers refers to the vesting of powers of State in different bodies as legislative, executive and judiciary. therefore, the correct answer is A.

Yanıt Açıklaması: It has 2 organizations: Central organization and provincial organization.

Yanıt Açıklaması: Customary law is an unwritten source of law which is established by or based on the customs and practices in a society. A certain practice could be regarded as law if the all requirements given in the question are cumulatively met. The correct answer is A.

Yanıt Açıklaması: Most serious sanctions in any legal system are contained in criminal law which forbids certain activities, i.e. crimes, offences. If a person is found guilty of a crime, the result would be imprisonment or a fine. Furthermore, criminal law may intervene even before a court reaches a decision, say, by arresting a suspect or through confiscation.

Yanıt Açıklaması: Analogy is an extension of the scope of a norm to be applied. Yet the purpose of a statute may sometimes prohibit analogical reasoning. In such cases, the argument of reduction may come into play, which is called teleological reduction.

Yanıt Açıklaması: Correct fit for the blank is literal interpretation.

Yanıt Açıklaması: Tradition is not one of them.

Yanıt Açıklaması: As a form of delegated legislation, regulations provide details on the administration of principles in law. Regulations are issued for indicating the implementation of laws or designating the matters ordered by law.

Yanıt Açıklaması: The second prong of the Aristotelian conception of justice is distributive justice, which concerns giving each according to his desert or merit in the best interest of society. In essence, distributive justice means that political office or money to be apportioned in accordance with merit. Distributive justice concerns the just distribution of goods, benefits, and burdens in society.

Yanıt Açıklaması: There is no clear definition of the individualapplication in constitution and in the Law No 6216.In doctrine individual application is defined as “an extraordinary legal remedy to be used before the constitutional court after exhaustion of ordinary legal remedies, and granted for the individuals, whose fundamental rights and freedoms guaranteed both by the Constitution and the ECHR, were alleged to be violated by public acts, actions or negligence.” The correct answer is A.

Yanıt Açıklaması: The answer is analogy. Others are irrelevant except judicial syllogism. But it is used mostly in Civil law.

Yanıt Açıklaması: “Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.” Regarding individual application, while the Constitution stipulates “violation by public authorities”, the Law No 6216 article 45/3 restricts public authority acts and states: “Individual applications cannot be made directly against legislative transactions and regulatory administrative transactions and similarly, the rulings of the Constitutional Court and transactions that have been excluded from judicial review by the Constitution cannot be subject of individual application.” The correct answer is A.