An Introduction To Law (Fifth Edition)

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Adı:
An Introduction To Law
Alt başlık:
Fifth Edition
Baskı tarihi:
Ekim 2017
Sayfa sayısı:
382
Format:
Karton kapak
ISBN:
9786053990758
Kitabın türü:
Çeviri:
İngilizce
Dil:
Türkçe
Ülke:
Türkiye
Yayınevi:
İstanbul Üniversitesi Yayınları
As its title suggests, this book deals with the basics of law, though it also contains many elements drawn from legal theory and philosophy.

Who will this book be important for? I see many different groups ofreaders who should be interested. The book is, of course, highly relevant and useful for newcomers to the law. Here they will read and learn about the important principles of law. But it will also be valuable for experienced lawyers who every so often wish to return to the basics, the sources as it were, and to measure their concepts of the law with these basic considerations. Given the vast field of law, it is fascinating –and indeed reassuring– to see that certain basic principles apply to all fields of law. In addition, I believe that this book will provide stimulating reading for laypersons who wish to see what ‘law is all about’.

I wish this wonderful text the success which it duly and truly deserves
Prof. Dr. Mark VILLIGER, Judge at the European Court of Human Rights

This book will give motivated students a good taste of the many varieties and forms of law, as well as a basic understanding of the functions, origins and foundations of legal systems, national and international.
John DARCY, Registry, European Court of Human Rights
Kitaba henüz inceleme eklenmedi.
The Constitution recognizes the principle of centralization and decentralization as a basis for the organization and functions of public administration. As a consequence of certain historical developments, however, centralism has far more weight in practice.
The units of local administration are subject to the control of the central administration exercised through the power of "tutelage" (idari vesayet). Tutelage is regarded as a means by which the unity and indivisibility of the administration is guaranteed. One may argue that the extent of tutelage in its present form is excessive and therefore constitutes an undue burden on local administration. It should be mentioned, however, that despite these difficulties local administrations have developed considerably during recent decades.
The constitutional validity of an enacted statute may be challenged directly before the Constitutional Court through an action for annulment as soon as it is published in the Official Gazette even before it is implemented in any actual case. It should be mentioned, however, that the standing to bring such an action is restricted; only those persons and groups enumerated in the Constitution have the right of application. These are listed in Article 150: the President of the Republic, parliamentary groups of the party in power and of the main opposition party, and a minimum of one-fifth of the total members of Parliament.
International Law is not the law of solely one state but all of states. Therefore, what sanctions are available and by which means these sanctions are to be imposed on are controversial questions in the field of International Law. At one extreme there is the erroneous view that international law is a system without sanctions. It would be better to say that International Law has its own special type of sanctions which differ in nature from the ones existing in domestic systems of law.
"There is no single answer to the question why certain rules of conduct have become laws while others have not... It is not that there is something inherently fair and just about legal rules which distinguishes them from other rules of conduct; indeed, there have been, and there probably still are many laws in existence which, on a majority vote of the population, would be held unfair."
Rona Aybay
Sayfa 28 - W. F. Frank
What is the place of the rules of international law in the internal (domestic) laws of states? There are two basic theories on the relationship between international and domestic law. The first is called the "dualist" view; it assumes that international law and municipal law are two distinct and separate legal systems which exist independently of each other. This approach raises the question of whether one system is superior to the other.
The second theory is the "monist" view, which assumes that domestic (internal) and international law form part of a single legal order but tends to treat international law as superior.
The Turkish Constitution provides that international treaties duly put into effect are of equal status to laws (statutes). However, no claim of unconstitutionality of an international treaty can be heard by the Constitutional Court (Article 90/last para.) On the other hand, a constitutional amendment introduced in 2004 provided that in cases where the provisions of a treaty relating to the fundamental rights and freedoms are in conflict with domestic law, the international treaty will take precedence.
In many legal systems, including the Turkish one, penal provisions may have retroactive effect when they are in favour of the person to whom they are to be applied. For example, if the punishment for a crime is reduced under a new law, this will benefit persons already convicted and sentenced under the former, stricter law.

Kitabın basım bilgileri

Adı:
An Introduction To Law
Alt başlık:
Fifth Edition
Baskı tarihi:
Ekim 2017
Sayfa sayısı:
382
Format:
Karton kapak
ISBN:
9786053990758
Kitabın türü:
Çeviri:
İngilizce
Dil:
Türkçe
Ülke:
Türkiye
Yayınevi:
İstanbul Üniversitesi Yayınları
As its title suggests, this book deals with the basics of law, though it also contains many elements drawn from legal theory and philosophy.

Who will this book be important for? I see many different groups ofreaders who should be interested. The book is, of course, highly relevant and useful for newcomers to the law. Here they will read and learn about the important principles of law. But it will also be valuable for experienced lawyers who every so often wish to return to the basics, the sources as it were, and to measure their concepts of the law with these basic considerations. Given the vast field of law, it is fascinating –and indeed reassuring– to see that certain basic principles apply to all fields of law. In addition, I believe that this book will provide stimulating reading for laypersons who wish to see what ‘law is all about’.

I wish this wonderful text the success which it duly and truly deserves
Prof. Dr. Mark VILLIGER, Judge at the European Court of Human Rights

This book will give motivated students a good taste of the many varieties and forms of law, as well as a basic understanding of the functions, origins and foundations of legal systems, national and international.
John DARCY, Registry, European Court of Human Rights

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