Introduction to Law

Yanıt Açıklaması: Nature of fundamental rights and freedoms Article 12- Everyone possesses inherent fundamental rights and freedoms, which are inviolable and inalienable. The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his/her family, and other individuals.

Yanıt Açıklaması: Individual applications are taken in consideration in respect of European Conention on Human Rights.

Yanıt Açıklaması: The central administration and the decentralized administration are the main components of the Turkish Administration. Central administration consists of central departments and provincial departments, whereas decentralized administration consists of local administrations and functionally decentralized administrations. Thus, municipalities falling under local administrations do not constitute a part of the central administration. The correct answer is E.

Yanıt Açıklaması: Human rights are not acquired; they are inherent.

Yanıt Açıklaması: Turkish Constitution enshrines first four principles but not unity of power. In Turkish Constitution follows the seperation of powers.

Yanıt Açıklaması: Under the article 47/1 of the Law No 6216 individual applications could be made • directly, • through courts, • through representatives abroad. Application in other means that specified above shall be regulated with the Internal Regulation of the Constitutional Court.

Yanıt Açıklaması: Duties and powers of the Turkish National Assembly are laid down in article 87 of the Constitution. Declaring war is one of the main duties and powers of Grand National Assembly, not the President of Republic.

Yanıt Açıklaması: I and II are true.but III is false. Because in those situations, a permit is asked from the administration to prosecute the personnel.

Yanıt Açıklaması: Subjective-teleological interpretation is an inquiry into the actual intention of the legislator, which is, therefore, a variation of historical interpretation.

Yanıt Açıklaması: When we review history of constitutions in Turkey, Senedi İttifak (1808) was a kind of document in order to set balance and maintain relationships between the Sultan and nobles. Tanzimat Fermanı was the first action taken in the way of constitutional steps. The document granted equal rights to muslims and minorities regarding honour, modesty, right to property and life, judiciary, military service and tax liabilities. But Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.

Yanıt Açıklaması: The answer is codes. In Turkish legal system, international treties have equal effect on law with codes.

Yanıt Açıklaması: According to the article 47/5 of the Law No 6216 the individual application should be made within 30 days starting from the exhaustion of legal remedies.

Yanıt Açıklaması: The primary sources law in the civil law system are written sources, unwritten sources, legislation, and customary law. Decisions of judges are among secondary sources together with teachings of judges, case law, and doctrine. The correct answer is B.

Yanıt Açıklaması: Law is a system or set of rules. These rulesare general, universally applicable to all cases that are within the confines of a particular rule; and finally, legal rules are predictable.

Yanıt Açıklaması: The basic principle governing administration in Turkey would be “integrity”. This means central administration and decentralized administration together considered to be one single unit. Article 123/1 of the Constitution underlines this character of administration as follows: “ The administration forms a whole, with regard to its constitution and functions, and shall be regulated by law ”.

Yanıt Açıklaması: Punishment is a formal condemnation of the offender, who has committed a crime. Therefore, the correct answer is D.

Yanıt Açıklaması: The twin convencions are The International Covenant on Civil and Political Rights - The International Covenant on Economic, Social, and Cultural Rights. They both are made in 1966.

Yanıt Açıklaması: Prescriptive norms are the norms that define the general content and legal frames of laws. Therefore, the correct answer is C.

Yanıt Açıklaması: There are many significant functions of law. One of these is decreasing disputes in social life.

Yanıt Açıklaması: In civil law, doctrine is the secondary source of law. The others are (I and II) main sources.