Law 101 Introduction to Law PDF

School for Law Teacher: Dr. Ömer Erkut Bulut Email: [email protected] (Office hours: Contact by email) LAW 101 INTRODUCTION TO LAW Notes WEEK 1 Aims and Objectives ○ Understand the concept and notion of law. ○...

School for Law Teacher: Dr. Ömer Erkut Bulut Email: [email protected] (Office hours: Contact by email) LAW 101 INTRODUCTION TO LAW Notes WEEK 1 Aims and Objectives ○ Understand the concept and notion of law. ○ Critically examine the Turkish legal system. ○ Develop skills in legal research, writing, and IT. ○ Learn how to locate and use various legal sources. ○ Access both print and electronic legal materials. ○ Engage in critical inquiry into legal problems. ○ Study the origins of law and legal systems. ○ Apply legal knowledge to construct structured arguments. ○ Analyze academic and legal materials (e.g., cases, statutes, and articles). Course Structure* 1. Notion of Law 2. Sources of Law 3. Law and Society (Social Contract Theory) 4. Overview of the Turkish Legal System - Court structure - Hierarchy of laws  5. Branches of Law (Public vs. Private Law) 6. International Law 7. Contemporary Legal Challenges (AI, diversity, harmonization) Assessment ○ Midterm Exam: 35% ○ Final Exam: 50% ○ Participation: 15% Key Topics Covered What is Law? - Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. Legal Systems - Different types of legal systems exist globally, including civil law, common law, and religious law. - Turkey follows a civil law system, heavily influenced by continental European laws. Hierarchy of Norms - Laws are organized in a hierarchy, with the constitution being the highest legal authority in Turkey, followed by laws, regulations, and other legal instruments. Finding Legal Sources - Legal sources such as regulations can be accessed via databases or printed materials. - Example: A student alleged to have cheated in an exam would need to refer to the "Higher Education Institutions Student Disciplinary Regulation" for relevant legal wording. Court Structure - Example: A public health-related case might be brought by a student if a professor restricts attendance based on face mask requirements, raising  questions about the right to education (Article 42 of the Turkish Constitution). Interpretation of Legal Acts - Legal acts can be interpreted in various ways, depending on the wording and the intent of the legislators. - Example: A hypothetical case concerning the "Reasonable Restriction of Underage Sorcery Act" illustrates debates over the definition of "school" and where magic can be legally performed. Conflict of Legal Rules - Conflicts between legal provisions, such as those in different statutes, can arise. The resolution often depends on the timing and scope of the laws. - Example: A conflict between the 1767 Hogwarts School Act and the 1875 Reasonable Restriction of Underage Sorcery Act highlights how laws may be interpreted based on their dates and applications. Restriction of Fundamental Rights - Turkish Constitution (Article 13): Restrictions on fundamental rights and freedoms must conform to the reasons mentioned in the relevant articles and adhere to democratic principles. - European Convention on Human Rights** (Article 8): Protects the right to private and family life, with some restrictions allowed for reasons like national security or public safety. Additional Issues - Are courts bound by previous decisions? - Examination of different branches of law. - Burden of proof in various legal fields (e.g., balance of probability vs. beyond a reasonable doubt). - Introduction to key legal terms, such as karine (presumption) and içtihat (jurisprudence). Overall: The professor's lecture emphasizes the development of critical thinking skills, a deep understanding of legal sources, the importance of effective legal research, and a nuanced approach to legal analysis. By focusing on these areas, the professor aims to prepare students for more sophisticated legal work and research. WEEK 2 Finding Legal Sources: Scenario: A student accused of plagiarism seeks the wording of the Higher Education Institutions Student Disciplinary Regulation. Process T: The student needs to find relevant legal sources, such as regulations, using tools like Mevzuat Bilgi Sistemi, Kazancı, Lexpera, etc. Court Structure: - A case example discusses the requirement of wearing face covers in class due to Covid-19, citing Article 42 of the Turkish Constitution about the right to education. - Question: Which court has jurisdiction in this case? Interpretation of Legal Acts: - Uses a fictional case involving Cedric Diggory and the Reasonable Restriction of Underage Sorcery Act (1875), which prohibits underage magic outside school. - There is debate over the interpretation of the term "school," and whether the act applies only to the Hogwarts Castle building or also to its gardens. Conflict of Legal Rules: Conflicting rules between Article 4 of the Hogwarts School Act (1767) allowing magic in Hogwarts’ gardens, and Article 5 of the Reasonable Restriction of Underage Sorcery Act (1875) forbidding magic outside school buildings. Question: Is there a rule to resolve the conflict, and does the date or scope of the laws help? Legal Issues: - The importance of understanding court precedents, legal branches, and burden of proof. - Key legal terms like karine (rebuttable presumption), idari işlem (administrative act), and içtihat (jurisprudence). Aims and Objectives: - Develop skills in legal research, writing, and argumentation. - Understand and analyze relevant materials, cases, and statutes. Kelsen’s Pure Theory of Law: - Emphasizes that law consists of a hierarchy of norms. Sources of Law: Primary sources: Acts, regulations, and constitutions. Auxiliary sources: Previous court decisions, customs, and doctrines. Legal Ambiguity Q2: What should be the law? 1. A formal legal analysis ( An analysis of the premise limited to the rules and principles of the legal system.) 2. A socio-legal analysis ( considering how laws interact with society, culture, economics, and politics, aims to understand the broader impacts of laws on society.) 3. A moral analysis (ethical dimension of lawmaking, focusing on what is right or just from an ethical standpoint, rather than what is legally prescribed, questioning whether current laws align with moral values Application of law to the facts Syllogism P: the major premise/ law R: the minor premise/ facs q: conclusion/ verdict (p →q r→p）→ （r→q） Case analysis structure 1. The fact of the case 2. The procedure ( Who are the parties? Which court has jurisdiction? What is the legal procedure?)  3. Legal problem (Arguments of the parties or the dispute) 4. Court's decision and justification ( ratio decidendi) 5. Critical analysis 6. Conclusion Essay writing Knowledge: detailed and accurate knowledge of law Analysis: (i) Explained to the complexities of the law (ii) Engaged with and replied upon academic arguments, recognised and addressed counter arguments to the view the student argued for. Clear and logical structure: Explained law, set out analysis of the law, addressed counter argument, gave conclusion. Have a clear introduction that involves a list of arguments to be defended and a map of the essay, followed by a clear and logical structure in each paragraph with topic sentences and linkbacks. Research skills: Excellent use of primary and secondary sources to support the argument ahe put forward. Excellent referencing skills/ Legal Research: - Databases like Westlaw, Lexis, HeinOnline are crucial for finding journals, legislation, and cases. Legal Tools for Interpretation: - Constitution and Parliamentary Acts are primary sources. - Court decisions and academic opinions serve as secondary sources. Essay Plan 1. Essay Writing Guidelines: - Strong focus on clear structure, detailed knowledge, and legal analysis. - Introduction: Clearly state arguments and essay map. - Body: Engage with counter-arguments in each paragraph. - Conclusion: Summarize the position. 2. Assessment Criteria  knowledge : Accurate knowledge of law Analysis : (i) Explained the complexities of the law (ii) Engaged with and replied upon academic arguments, recognised and addressed counter arguments to the view the student argued for. Clear and logical structure: Explained law, set out analysis of the law, addressed counter argument, gave conclusion. Have a clear introduction that involves a list of arguments to be defended and a map of the essay, followed by a clear and logical structure in each paragraph with topic sentence and linkback. Research skills: Excellent use of primary and secondary sources to support the argument he put forward. Excellent referencing skills. Plagiarism: - Discusses the serious implications of plagiarism, whether intentional or not. - It includes copying material from sources like the internet without proper citation. Professor repeatedly emphasizes the importance of understanding the hierarchy and application of different legal sources, particularly the difference between primary and secondary sources, and the exceptions to the rules. WEEK 3 Legal Rules: - Legal rules are organized rules recognized by a country to regulate the actions of its members. These rules are made, interpreted, and enforced by competent authorities. - Positive law sources involve applying the law according to its wording or interpretation. Courts may use customary law or established doctrine and case law when there is no specific provision. Legal vs. Moral Rules: - Examples from Turkish and Italian Civil Codes: - The Turkish Civil Code emphasizes acting in good faith. - The Italian Civil Code prohibits acts that violate public policy or morals. Origins of Law and Sovereignty: Weber's Three Types of Authority: - Charismatic, Traditional, and Legal-rational authority. - Sovereignty historically came from the divine and absolute rights of kings but evolved into a more democratic concept. - Carl Schmitt: "Sovereign is he who decides on the exception." Social Contract Theories: 1. Thomas Hobbes: - State of nature is a "war of every man against every man." - Individuals transfer their rights to a sovereign through a social contract for protection. 2. John Locke: - Humans are inherently good, and the state's role is to protect life, liberty, and property. 3. Jean-Jacques Rousseau:  - Government evolves as individuals move from a state of nature to a more civilized society. 4. John Rawls: - Proposes the Veil of Ignorance, where just principles are chosen by rational individuals without knowing their societal positions. Declarations of Rights: American Declaration of Independence (1776): Asserts unalienable rights to life, liberty, and the pursuit of happiness. French Declaration of the Rights of Man and Citizen (1791): Emphasizes equality, freedom, and the sovereignty of the nation. Legal Sources: Hans Kelsen's Pure Theory of Law: - Legal systems operate as a hierarchy of norms, with each norm dependent on another for its validity. - Legal theory, according to Kelsen, is a science independent of external influences like ethics or sociology. Legal Systems of the World: - Civil Law (based on codified law, common in Continental Europe). - Common Law (relying on judicial precedents, found in countries like the U.S. and U.K.). - Other systems include Religious Law and Customary Laws. Branches of Law: - Public Law (deals with the relationship between citizens and the state): - Constitutional Law - Administrative Law  - Criminal Law - Private Law (deals with relationships between individuals): - Contract Law - Tort Law - Property Law Further Readings: - Key readings from authors like Max Weber, Carl Schmitt, and Ronald Dworkin provide a deeper understanding of law, legal theory, and sovereignty. Week 4 Introduction to Law and Morality - Key Questions: 1. Is being good equivalent to being a law-abiding citizen? 2. Is every breach of law an immoral act? 3. What are the differences between law and morality? - Core Idea: There is an intersection between law and morality, but they do not always align. While a strong overlap ensures more respect for the law, tensions between moral values and legal rules can arise, leading to conflicts. Law and Immorality in Action: A Nazi Case Example - Nazi Germany Example: A woman denounced her husband to the Gestapo, leading to his punishment under a Nazi law. After WWII, she was prosecuted for causing his imprisonment. Her defense argued that her actions were lawful under Nazi rules, but the court ruled that the law violated universal human morality. Key Reflection:Should immoral acts be excused if they are legally justified? Distinctions between Law and Morality 1. Law vs. Thought/Action: - Law regulates actions, while morality governs thoughts and feelings. 2. Ethics vs. Regulation: - Ethics aims to perfect individual character; law regulates behavior within society. 3. Application Differences: - Moral principles vary depending on the situation, but **legal rules** are general and apply uniformly. 4. Morality and Legal Resistance: - Some actions might be morally right but still illegal. The Rule of Law: Concept and Interpretations 1. Positivist View: - Focuses on following legal procedures and preventing arbitrary power. - Example: A law is valid as long as it follows the rules of enactment, even if it’s morally questionable. 2. Naturalist View: - Emphasizes that laws must align with higher moral principles or natural rights. - Example: The Nuremberg Trials held people accountable for crimes against humanity, even though their actions were legal under Nazi laws. Fuller’s Procedural Requirements for Rule of Law Fuller argues that laws must meet eight criteria to have internal morality: 1. Generality – Laws must apply to everyone. 2. Promulgation – Laws must be publicly known. 3. Non-retroactivity – Laws can’t apply to past actions. 4. Clarity– Laws must be clear. 5. Non-contradiction – Laws should not contradict each other. 6. Possibility of Compliance – Citizens must be able to follow the law. 7. Constancy – Laws shouldn’t change frequently. 8. Congruence – Officials must follow the declared rules. Case Example: Roe v. Wade - 1973 Ruling: The U.S. Supreme Court invalidated anti-abortion laws, arguing they were unconstitutional. - 2023 Overturn: The precedent set by Roe v. Wade was overturned, showcasing how legal interpretations change over time.1q Natural Law: Historical Roots and Influence Classical Thinkers: - Aristotle: "The King is subject to God and law." - Cicero: Natural law is universal and eternal, and no one can alter or abolish it. - Impact on Revolutions: - American Declaration of Independence: Rights are self-evident and given by the Creator. - French Declaration of Human Rights: Emphasized natural rights. - Lord Devlin’s View: Society has the right to punish acts deemed grossly immoral, even if they harm no one, to preserve social cohesion. Legal Positivism: Key Ideas - Proponents: John Austin, Jeremy Bentham, H.L.A. Hart. - Core Principle: Law’s validity comes from being enacted properly, not from its moral content. Even evil laws can be valid. Hart’s Rule of Recognition: A law is valid if it is created according to accepted procedures and recognized by officials. Hart's Perspective on Morality: - A society does not need a shared morality. - Laws can regulate self-harm for societal benefit (e.g., seatbelt laws, euthanasia debates). - Joseph Raz: A legal system can technically follow the rule of law even if it violates human rights, such as under an oppressive regime. Hart-Fuller Debate on Law and Morality - Hart: A law is valid if it follows the legal procedures, even without moral content. - Fuller: Law must embody moral principles to be legitimate. Extreme Critique: Carl Schmitt’s View Carl Schmitt: Law reflects political power, not universal moral values. - He argues that every legal order is based on political decisions, not objective moral principles. Discussion Questions - Can law be fully separated from morality? - Is resistance to immoral laws ever legally justified The professor emphasizes the *relationship between law and morality*, highlighting the complex interplay between the two. They stress that:  * *Law and morality are distinct but often intertwined.* While law focuses on rules and sanctions, morality deals with societal values and subjective norms. * *Following the law doesn't automatically equate to being morally good.* The professor uses examples like Nazi Germany to illustrate how legal systems can function effectively even when they violate ethical principles. * *There's no simple answer to whether "evil laws" exist.* The professor explores this through the lens of legal positivism and natural law theory, showcasing the conflicting viewpoints on the nature of law and its relationship to morality. * *Moral considerations heavily influence the interpretation and application of law.* The professor uses examples like euthanasia to illustrate how legal debates often involve deep moral implications. * *The ideal legal system should align with moral values to ensure societal acceptance and respect.* While law provides a framework for order, it's essential for it to reflect the ethical values of the society it governs. The professor consistently underscores the *dynamic and subjective nature of morality*, contrasting it with the more objective and procedural focus of law. The professor emphasizes the *distinction between law and morality* throughout the lecture. They highlight that while law focuses on written rules, actions, and punishments, morality is more dynamic, subjective, and deals with thoughts and feelings. The professor also underscores the importance of *Hart's Rule of Recognition*, which emphasizes the role of sovereign authority in determining what is considered law. They highlight how this rule can evolve over time, as seen in the shift from monarchical to parliamentary rule. Additionally, they emphasize the ongoing debate between *natural law theory and legal positivism*. Natural law theory emphasizes the inherent moral content of law, while legal positivism focuses on the procedural aspects and the legitimacy of authorities. They explore the historical and philosophical contexts of these theories and their application in modern legal systems.  Finally, the professor brings up several *thought-provoking scenarios* to encourage critical thinking about the relationship between law and morality. These examples prompt students to consider ethical dilemmas, legal frameworks, and the potential for conflict between individual morals and societal rules. Week 5 Scenario: sacrifice of children in an island nation Question: Is the inference of the international community justified, moral or legal? The Legal Justification for Intervention From a legal perspective, international intervention may be justified through the doctrine of Responsibility to Protect(R2P). Under international law, especially after the adoption of the UN's R2P principle in 2005, states are responsible for protecting their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. When a state fails to fulfill this obligation, the international community is authorized to intervene, even against the state's will, under certain conditions. Child sacrifice—if viewed as a systemic or government-supported practice—can be framed as a gross human rights violation or a crime against humanity, thereby justifying legal intervention under the R2P framework. Additionally, the Universal Declaration of Human Rights (UDHR) guarantees the right to life and protection from inhuman treatment, making child sacrifice a direct violation of international law. 1.Red Cross Australia – Provides background on R2P and its evolution from the 2005 UN Summit, focusing on its legal framework and scope. [Red Cross Australia](https://www.redcross.org.au)【8†source】. 2.E-International Relations – Discusses the legal character of R2P, including its relationship with the UN Charter and the limitations regarding military interventions. [E-International Relations](https://www.e-ir.info)【9†source】. The Moral Justification for Intervention The moral argument for intervention hinges on the belief in universal human dignity and rights. Philosopher John Stuart Mill argued that the harm principle permits intervention only to prevent harm to others. In the case of child sacrifice, the harm is both severe and irreversible, making intervention morally imperative from a utilitarian standpoint. Furthermore, Immanuel Kant’s ethical framework emphasizes that all individuals should be treated as ends in themselves and not as means to an end. The ritual sacrifice of children objectifies and dehumanizes them, violating their inherent dignity. From a moral perspective, failing to act would imply complicity with a practice that most cultures deem profoundly immoral. Even cultural relativists, who argue that moral norms vary across societies, would struggle to defend the legitimacy of child sacrifice due to the universal value placed on children’s lives and well-being. https://iep.utm.edu/mill-eth/ John stuard mill https://www.cambridge.org/core/services/aop-cambridge-core/content/view/F1D77D5D5F9A4B 8AA3BAD4058A9708B4/S0953820820000229a.pdf/div-class-title-john-stuart-mill-s-harm-prin ciple-and-free-speech-expanding-the-notion-of-harm-div.pdf Challenges of Sovereignty and Cultural Relativism However, the principle of non-intervention is deeply rooted in international law, reflecting respect for state sovereignty. Article 2(7) of the United Nations Charter prohibits intervention in matters that are “essentially within the domestic jurisdiction” of a state, except in extreme circumstances. Cultural relativists argue that practices viewed as immoral by outsiders may have religious or cultural significance within a specific community, making foreign interference appear as cultural imperialism. An island nation practicing child sacrifice could argue that this ritual forms an essential part of its identity, and external actors may lack the cultural competence to judge or disrupt it. UN Repertory of Practice of United Nations Organs – This source provides interpretations of Article 2(7) of the UN Charter, elaborating on the non-intervention principle and its limitations under international law. UN Repertory of Practice​ United Nations Office of Legal Affairs. Oxford University Press – Commentary on the UN Charter – This resource offers detailed analysis on how Article 2(7) is applied and discusses the tension between sovereignty, non-intervention, and human rights enforcement. Oxford Academic​ Oxford Academic Sources of Law, Hierarchy of Norms, and Court Structure Legal Rules and Norms Structure of a Legal Norm: Major Premise (Norm): General rule or principle. - Minor Premise (Execution): Application in a specific context (e.g., Article 81 - Turkish Penal Code: Intentional killing results in life imprisonment). - Sovereignty: - Art. 6 of Turkish Constitution: - Sovereignty belongs to the nation. - It can only be exercised through authorized organs and cannot be transferred to individuals, groups, or classes. National Sovereignty and the Constitution - Legislative Power (Article 7): - Grand National Assembly of Turkey exercises legislative power on behalf of the Turkish Nation. - Executive Power (Article 8): - Exercised by the **President of the Republic** in accordance with laws and the Constitution. - Judicial Power (Article 9): - Exercised by independent and impartial courts. - Supremacy of the Constitution (Article 11): - The Constitution binds all state organs. - No law or authority can override its provisions. Legislative Power - Grand National Assembly: - Composition: 600 deputies elected by universal suffrage (Article 75). - Election Term: 5 years, synchronized with the presidential elections (Article 77). - Powers of the Assembly (Article 87): - Enact, amend, or repeal laws. - Approve budgets and international treaties. - Declare war, issue currency, and grant amnesty. Executive Power - President of the Republic (Article 104): - Head of State and exercises executive power. - Represents national unity and ensures constitutional functioning of state organs. - Can issue presidential decrees, but: - Cannot regulate fundamental rights. - Cannot issue decrees on matters reserved for laws by the Constitution. Judicial Power - Independence of the Courts (Article 138): - Judges act independently, following the Constitution and laws.  - Courts cannot receive orders from other branches or individuals. - Legislative and executive bodies must comply with court decisions without interference. Judicial Review (Article 125): - Administrative actions are subject to judicial review for legality, not expediency. - Courts cannot restrict executive functions beyond the law. Hierarchy of Norms (Kelsen's Pure Theory of Law) - Hierarchy of Norms: Every law derives its validity from a higher norm. - Lex superior derogat legi inferiori: Higher laws override lower laws. - Lex specialis derogat legi generali: Specific laws override general laws. - Lex posterior derogat legi priori: Newer laws override older laws. Primary Sources of Law: - Constitution - Laws enacted by the legislature - Presidential decrees (limited by law and Constitution) Auxiliary Sources of Law: - Previous court decisions (precedent) - Customs - Legal doctrine The Role of the Constitutional Court Annulment Action (Articles 150-151): - The President, leading political party groups, or 1/5 of the Assembly may challenge laws or decrees at the Constitutional Court.  - Must be initiated within 60 days of publication. Claim of Unconstitutionality (Article 152): - Courts can suspend cases if they believe a law is unconstitutional, awaiting a ruling from the Constitutional Court. Individual Applications (Article 148): - Individuals can apply to the Constitutional Court if their constitutional rights, as outlined in the European Convention on Human Rights, are violated. - Ordinary legal remedies must be exhausted first. International Treaties (Article 90) - International agreements approved by the Assembly have the force of law. - In case of conflict between domestic laws and international agreements on fundamental rights, the provisions of the international agreement prevail. By-laws and Administrative Actions By-laws (Article 124): - Issued by the President, ministries, or public bodies to implement laws. - Must align with the Constitution and relevant laws. The professor emphasizes the importance of understanding the relationship between *international law, sovereignty, and morality*. This is evident in the way they continuously bring up various scenarios and use them as examples to illustrate the complex interactions between:  * *The power of the international community to intervene in sovereign nations*, even when those nations have traditional laws that conflict with universal human rights. * *The binding nature of universal human rights*and how they should be respected even by countries that have different cultural practices. * *The role of constitutions* as supreme law within a country and how they influence the integration of international treaties into national legal frameworks. They also emphasize the importance of understanding the *different legal systems*around the world, highlighting the distinction between *civil law* and *common law* systems and how this difference impacts the role of judges and the creation of legal precedents. The professor's overall emphasis is on encouraging critical thinking about the *complexities of legal systems*, particularly in the context of international relations and the growing importance of universal human rights. Court Structure lecture Judiciary Overview Article 138 - Independence of Courts: - Judges are independent and follow the Constitution, laws, and personal conviction. - No interference from external entities (e.g., government or individuals). - Legislative and executive bodies must comply with court decisions without altering or delaying their execution. Article 139 - Security of Tenure: - Judges and prosecutors cannot be dismissed or forced into retirement before the constitutionally mandated age, except by request. - Salaries and benefits are protected even if their position or court is abolished. - Article 141 - Public Hearings: - Court hearings are generally public, but may be closed for reasons like public morality or security. - Trials must be concluded quickly and cost-effectively. Court System in Turkey 1. Constitutional Court - Functions: - Examine constitutionality of laws, presidential decrees, and parliamentary rules. - Act as the Supreme Criminal Tribunal for cases involving high-ranking officials. - Review individual applications for fundamental rights violations under the European Convention on Human Rights (ECHR). - Hear cases regarding political parties and decide on their dissolution. - Annulment Actions: - Can be initiated by the President, major political parties, or 1/5 of the Assembly members.  - Time limit: 60 days from the law’s publication. - Supreme Criminal Tribunal Role: - Tries high officials (e.g., President, ministers, top judges, military commanders) for offenses related to their duties. 2. Judicial Justice System - High Court of Appeals (Yargıtay): The top appellate court for civil and criminal cases. - Regional Courts of Appeal: Intermediate level courts that hear appeals from: - Criminal Courts: Includes the Penal Court of First Instance, Serious Crimes Court, and Magistrates Court. - Civil Courts: Includes Civil Courts of General Jurisdiction and Civil Courts of Peace. - Specialized Courts: Family, Commercial, Employment, and Consumer Courts. 3. Administrative Justice System - Administrative and Tax Courts: Handle judicial reviews of public administration actions. - Regional Administrative Courts of Appeal: Hear appeals on administrative cases. - Council of State (Danıştay): - Acts as the highest court for administrative cases. - Offers opinions on public service concessions and settles administrative disputes. 4. Other Judicial Bodies - Court of Jurisdictional Disputes: - Resolves conflicts over jurisdiction between civil and administrative courts. - Led by a member of the Constitutional Court. - Supreme Board of Election (Article 79): - Ensures fair elections and handles disputes regarding electoral matters. - Decisions are final and cannot be appealed. - Court of Accounts (Sayıştay): - Audits government finances and ensures compliance with laws. - Conflicts between the Court of Accounts and the Council of State are resolved in favor of the Council of State. Important Rights and Judicial Review Mechanisms Individual Applications to the Constitutional Court: - Citizens can apply if fundamental rights are violated, provided all other legal remedies have been exhausted. Judicial Review (Article 125): - Administrative actions can be reviewed only for legality, not expediency. - Courts ensure executive actions remain within the boundaries of law. European Convention on Human Rights (ECHR) Integration: - Turkey ensures compliance with the ECHR in areas like the right to life (Article 2) and prohibition of torture (Article 3). Hierarchy and Conflict of Laws The professor emphasizes the importance of understanding the *core readings and lectures*for the upcoming exam. They also encourage students to *engage critically* with the legal topics discussed, using their own analysis and arguments based on legal principles.  breakdown of chapters 1 to 5 for your midterm preparation: Chapter 1: Law’s Roots Integration in Society: - Law governs all aspects of daily life—from contracts and property rights to crimes and employment. It sets a framework for personal, social, and economic interactions. - Historical Development: - Early laws originated as customs. The Code of Hammurabi (circa 1760 BC) was one of the first written codes, emphasizing strict liability and social norms. - Roman Law: Key development with the Twelve Tables (450 BC) and later, Justinian’s Corpus Juris Civilis(529–534 AD), influencing Western legal traditions. - Purpose of Law: - Provides order and predictability, necessary for society's functioning. - Addresses justice, protection of rights, and social stability. Chapter 2: Law’s Branches Expansion of Legal Fields: - Over time, new areas such as environmental law and cyber law emerged, responding to societal and technological changes. Key Divisions: - Public Law (e.g., constitutional law, administrative law): Governs state-citizen relationships. - Private Law (e.g., contract law, tort law): Concerns relationships between individuals. Important Categories: Criminal Law: Deals with offenses against the state; includes principles of culpability and punishment. Tort Law: Focuses on civil wrongs and compensation. Contract Law: Governs agreements and obligations between parties. Common vs. Civil Law Systems: Common Law: Based on case precedents (e.g., UK, US). Civil Law: Based on codified statutes (e.g., France, Germany). Chapter 3: Law and Morality Philosophical Perspectives: Natural Law Theorists(e.g., Aquinas): Assert that law must be rooted in moral principles. Legal Positivists (e.g., H.L.A. Hart): Emphasize that law is distinct from morality; it is a set of rules created by legitimate authority. Significant Debates: Hart vs. Fuller Debate: Hart argued that even morally wrong laws (e.g., Nazi laws) can still be considered valid if they meet legal criteria. Fuller countered that laws must align with an "inner morality" to be legitimate. Devlin vs. Hart: Devlin argued for laws enforcing public morality to prevent societal disintegration. Hart opposed, suggesting law should only intervene when public harm is at risk. Real-world Implications: - Moral laws E.g., prohibition of murder. - Neutral laws: E.g., traffic regulations. Chapter 4: Courts Court Systems: - Hierarchical structures exist in most systems, with lower trial courts and higher appellate courts. -Supreme courts or constitutional courts handle high-stakes cases, including constitutional issues. Procedures:  Common Law: Courts use an adversarial process where two parties present evidence and arguments; the judge acts as a neutral overseer. Civil Law: Courts often use an inquisitorial process, where judges actively investigate facts. Juries and Public Involvement: - In some legal systems (e.g., US, UK), juries decide on facts in criminal and some civil trials, promoting public participation in the legal process. Judicial Independence: - Courts must be impartial to uphold justice, preventing influence from external pressures (e.g., political). Chapter 5: Lawyers Roles and Responsibilities: - Lawyers are not just courtroom advocates but also advisers, negotiators, and drafters of legal documents. - They interpret laws, help clients understand rights, and provide representation. Ethical Obligations: - Lawyers must uphold client confidentiality and act in their clients' best interests while maintaining professional integrity. - Access to Justice: - The importance of legal aid: Ensures those unable to afford representation still receive fair trials. Public Perception: - Despite negative stereotypes, lawyers are essential for maintaining the rule of law and protecting individual rights.