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1) List and briefly explain three differences between law and morality.
Morality sets standards through which we can evaluate behavior as
“good,” “not so good,” or “bad.” Good and bad come in degrees: better
or worse. One of the main functions of law is to guide behavior by telling
people what to do or not to do. From the legal point of view, a particular
act is either permitted or not, without grey areas. Moral standards are
normally considered to be important for the well-functioning of
society, while this is not necessarily the case for all legal rules.For
instance, typical moral rules forbid lies, and wounding or killing other
persons. These moral rules have equivalents in legal rules which deal
with serious issues. However, there are many legal rules that deal with
issues that are not broadly experienced as serious, such as the amount
of salt allowed in food, or the way in which bicycles must be equipped
with lighting. Being legal is a precondition for rules that are to be
enforced by state organs; moral precepts are not enforced in that way.
However, many moral rules have counterparts in the law so that
state enforcement of morality is possible in the form of state
enforcement of the law.
2) Briefly explain the meaning of separation of powers. Who was it
advocated by?
It Can be traced back to ancient Greek philosophy. It is advocated in
early times by English philosopher Locke and than French
philosopher Montesquieu. According to this doktrin three distinct
functions of government: the legislative, executive and judicial shoul
keep apart. This is to prevent centralisation of too much power. To
prevent the use of arbitrary power by one single organ.it creates a
system which has checks and balances.
3) Briefly explain the meaning of the rule of law. Who was it advocated
by?
No man is above the law. According to Dicey: “The absolute
supremacy or predominance of regular law as opposed to the
influence of arbitrary power. Equality before the law or the equal
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  1. List and briefly explain three differences between law and morality. Morality sets standards through which we can evaluate behavior as “good,” “not so good,” or “bad.” Good and bad come in degrees: better or worse. One of the main functions of law is to guide behavior by telling people what to do or not to do. From the legal point of view, a particular act is either permitted or not, without grey areas. Moral standards are normally considered to be important for the well-functioning of society, while this is not necessarily the case for all legal rules .For instance, typical moral rules forbid lies, and wounding or killing other persons. These moral rules have equivalents in legal rules which deal with serious issues. However, there are many legal rules that deal with issues that are not broadly experienced as serious, such as the amount of salt allowed in food, or the way in which bicycles must be equipped with lighting. Being legal is a precondition for rules that are to be enforced by state organs ; moral precepts are not enforced in that way. However, many moral rules have counterparts in the law so that state enforcement of morality is possible in the form of state enforcement of the law.
  2. Briefly explain the meaning of separation of powers. Who was it advocated by? It Can be traced back to ancient Greek philosophy. It is advocated in early times by English philosopher Locke and than French philosopher Montesquieu. According to this doktrin three distinct functions of government: the legislative, executive and judicial shoul keep apart. This is to prevent centralisation of too much power. To prevent the use of arbitrary power by one single organ.it creates a system which has checks and balances.
  3. Briefly explain the meaning of the rule of law. Who was it advocated by? No man is above the law. According to Dicey: “The absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power. Equality before the law or the equal

subjection of all classes to the ordinary law of the land administered by the ordinary courts. “The law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts.

  1. Define equity and explain the relationship that it has with common law. Equity forms part of the law in common law countries. It is particularly focused on obtaining fair results. Equity originated in the 14 th century AD in England, when persons who were unhappy about the outcome of common law procedures petitioned the King to intervene on their behalf. If the outcome of the common law for a particular case was found to be very inequitable, the King, or rather the Chancellor (the King’s secretary), might ask the common law courts to reconsider the case. Later, the Chancery began to deal with such cases itself, and petitions came to be directed immediately to the Chancellor rather than to the King. A subsequent Court of Chancery eventually developed over centuries, creating a separate branch of law: equity. As the Court of Chancery developed, the common law judges became increasingly dissatisfied with the state of affairs, as they viewed the court to be a method of overriding their authority.
  2. What is a contract? Are all agreements contracts? Contracts allow businesses to trade goods and offer services and citizens to pursue the things they want such as buy products in a supermarket, rent an apartment, take out insurance, open a bank account, download software, take up a new job, go to the doctor or the hairdresser, go to a concert…The set of rules that governs these transactions between parties is “the law of contract”. All contracts are the outcome of agreements, but not all agreements are contracts. Not all agreements are legally enforceable! Contract: A legally binding agreement!
  • 10)How can you explain the reasons why UK has an unwritten constitution?
  • Britain is unusual in that it has an 'unwritten' constitution: unlike the great majority of countries there is no single legal document which sets out in one place the fundamental laws outlining how the state works. Britain's lack of a 'written' constitution can be explained by its history.
  • In other countries, many of whom have experienced revolution or regime change, it has been necessary to begin from first principles, constructing new state institutions and defining in detail their relations with each other and their citizens.
  1. What are the advantages of UNwritten constitution? This characteristic has prompted advantages such as promotion of democracy, accountability, and transparency, and flexibility which allows for easy amendment procedures when need arises for change.
  2. What are the disadvantages of unwritten constitution?
  • It is usually unclear and uncertain Since the rules and regulations guiding the state are not contained in one single document, there is always uncertainty as to what the law actually is.
  • Difficult to determine the unconstitutionality of an act
  1. What are the differences between constitutional & Administrative Law
  • Constitutional Law; deals with the legal foundations of the institutional hierarchy through which the state is governed.
  • It concentrates in particular on the rules, both legal and conventional, which explain and regulate the composition, powers, immunities, procedures and relationships between those institutions.
  • Constitutional law also seeks to define those individual rights which according to cultural traditions, are the unchallengeable for a

genuinely free society which the state should not attempt to change unless an overwhelming public interest.

  1. What are the different characteristic of a constitution?
  • (a) written of unwritten;
  • (b) rigid or flexible;
  • (c) federal or unitary;
  • (d) republican or monarchical.
  1. What is the purpose of the Criminal Law? Protect individuals Preserve order in society Punish Offenders Enforce moral values
  2. Should the criminal law enforce moral values? This area is very controversial. İt is argued that it is not the funtion of criminal law to interfere in private lives of citizens unless it is necessary to try and impose certain standarts of behaviour. The intervention to private lives should only be  To preserve public order and decency  To protect the citizen from what is offensive or injurious  To provide sufficient safeguards against exploitation and corruption of others, particularly those who are especially vulnerable
  1. Explain the Margin of appreciation doctrine. The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. The purpose of the margin of appreciation is to balance individual rights with national interests
  2. What is judicial discreation? judicial discretion refers to a judge's power to make a decision based on his or her individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.