Podcast
Questions and Answers
Who is Hans Kelsen?
Who is Hans Kelsen?
An Austrian legal theorist known for developing the Pure Theory of Law.
The Pure Theory of Law separates law from other social sciences.
The Pure Theory of Law separates law from other social sciences.
True
What is the term for the fundamental norm that provides authority to the entire legal structure according to Kelsen's theory?
What is the term for the fundamental norm that provides authority to the entire legal structure according to Kelsen's theory?
Grundnorm
What is natural law?
What is natural law?
Signup and view all the answers
Natural law is created by governments and enforced by authority.
Natural law is created by governments and enforced by authority.
Signup and view all the answers
Mandatory legal rules are laws that must be followed with exceptions.
Mandatory legal rules are laws that must be followed with exceptions.
Signup and view all the answers
What is the main purpose of mandatory legal rules?
What is the main purpose of mandatory legal rules?
Signup and view all the answers
What are norms, in the context of law?
What are norms, in the context of law?
Signup and view all the answers
Legal norms are not fundamental to the structure of legal systems.
Legal norms are not fundamental to the structure of legal systems.
Signup and view all the answers
What is common law?
What is common law?
Signup and view all the answers
How is common law based on precedents?
How is common law based on precedents?
Signup and view all the answers
What is the highest law of the land in Turkey?
What is the highest law of the land in Turkey?
Signup and view all the answers
What are the different sources of Turkish law?
What are the different sources of Turkish law?
Signup and view all the answers
What is the difference between private law and public law?
What is the difference between private law and public law?
Signup and view all the answers
What is jurisprudence?
What is jurisprudence?
Signup and view all the answers
Doctrines are legally binding like laws.
Doctrines are legally binding like laws.
Signup and view all the answers
What is the main difference between common law and civil law?
What is the main difference between common law and civil law?
Signup and view all the answers
What are the three main features of customary law?
What are the three main features of customary law?
Signup and view all the answers
What is a presidential decree?
What is a presidential decree?
Signup and view all the answers
Presidential decrees are always passed through the usual legislative process.
Presidential decrees are always passed through the usual legislative process.
Signup and view all the answers
In Turkey, presidential decrees became prominent after the 2017 constitutional referendum which expanded the powers of the president.
In Turkey, presidential decrees became prominent after the 2017 constitutional referendum which expanded the powers of the president.
Signup and view all the answers
What is the scope of authority for presidential decrees in Turkey?
What is the scope of authority for presidential decrees in Turkey?
Signup and view all the answers
Presidential decrees can regulate areas where the Turkish Constitution specifies that legislation is required.
Presidential decrees can regulate areas where the Turkish Constitution specifies that legislation is required.
Signup and view all the answers
If a law is already in place, a presidential decree can contradict it.
If a law is already in place, a presidential decree can contradict it.
Signup and view all the answers
What is the role of the Constitutional Court of Turkey in relation to presidential decrees?
What is the role of the Constitutional Court of Turkey in relation to presidential decrees?
Signup and view all the answers
A presidential decree is automatically overridden by new legislation passed by parliament.
A presidential decree is automatically overridden by new legislation passed by parliament.
Signup and view all the answers
Study Notes
Hans Kelsen
- Austrian legal theorist, known for the Pure Theory of Law
- Separates law from other social sciences (e.g., morality, sociology)
- Emphasizes objective study of law
- Argues law is based on a Grundnorm (fundamental norm)
- This norm provides authority to the whole legal structure
Natural Law
- Philosophical theory positing the existence of inherent and universal laws of nature
- Suggests laws should be based on morality and justice grounded in human reason
- Contrasts with positive law (created by governments)
Mandatory Legal Rules and Authority of Legal Rules
- Laws that must be followed without exception (e.g., criminal law)
- Establish authority of legal rules
- Require citizens to act in specific ways
- Binding due to official source (e.g., government, constitution)
Norms
- Standards of behavior accepted as part of the legal order
- Can be binding (legal norms, backed by sanctions) or social expectations (informal norms)
- Fundamental to structure of legal systems
- Shape acceptable behavior and maintain order
Common Law
- Predominantly used in UK, US, and former British colonies
- Based on precedents (past judicial decisions)
- Past rulings influence future cases
- Relies heavily on judge-made law, contrasting with codified statutes (civil law)
Source of Turkish Law
- Based on several sources:
- The Constitution (highest law)
- Legislation (laws passed by the Grand National Assembly)
- Customary Law (traditions and customs)
- Case Law (precedents from higher courts)
- Doctrine (academic writings)
Private Law vs. Public Law Distinction
- Private Law: Governs relationships between individuals (e.g., contracts, property, family law)
- Public Law: Deals with issues between individuals and the state/government (e.g., constitutional, administrative, criminal law)
- This distinction organizes legal principles and processes
Jurisprudence and Doctrines
- Study and theoretical analysis of law
- Aims to understand the nature, sources, and purpose of laws
- Doctrines are academic and theoretical writings on law, but not legally binding
- May influence legal reasoning and interpretations
Common Law vs. Civil Law Distinction
- Common Law: Relies on case law (judges' decisions create precedents)
- Civil Law: Based on comprehensive statutes and legal codes (judges apply written laws to cases)
Customary Law
- Unwritten law arising from long-standing practices
- Key Features:
- Continuity: Practice consistently followed over time
- Ancient: Deep historical roots
- Common Belief: Generally accepted and viewed as binding by the community
Presidential Decrees in Turkey
-
Official orders issued by the president
-
Often bypass the legislative process
-
Became more prominent after 2017 referendum
-
Expanded president's powers to issue decrees with the force of law (executive matters)
-
Scope of Authority: President can issue decrees on executive matters (administrative organization, appointments, executive actions)
-
Limits of Decrees: Cannot regulate areas where the Turkish Constitution requires legislation (e.g., fundamental rights), or areas already covered by law (must not contradict existing laws)
- Parliamentary laws take precedence over decrees
-
Judicial Review: The Constitutional Court has the power to review and annul unconstitutional decrees.
-
Relation to Parliamentary Legislation: Parliamentary laws override decrees on the same matters
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore key legal theories including Hans Kelsen's Pure Theory of Law and the principles of Natural Law. Understand the differences between mandatory legal rules and norms, as well as the authority these concepts hold within the legal framework. This quiz delves into the foundations of law and the interplay between morality and legal standards.
