Lectures 1-3

Question 1

Law

Answer 1

System of rules which a particular community recognizes as regulating the actions of its members. Consequence of violating is imposition of penalties

Question 2

Purposes of legal norms

Answer 2

1. Allocating g/s
2. Prohibiting certain harmful behaviors to society
3. Creating/attributing public powers among different bodies

Question 3

Norm

Answer 3

Something that is typical/expected. Can be social, moral, religious or legal.
Relationships between members of same social group are regulated by these

Question 4

Characteristics of legal norms

Answer 4

1. EFFECTIVENESS: Ability of legal system to impose binding rules (ability of authorities to make ppl follow rules)
2. GENERALITY: applicable to indefinite number of individuals
3. ABSTRACTNESS: applicable to indefinite number of situations

Additionally:
- Come from competent authority
- Nomen Iuris (contain specific legal terms and phrases that give legal clarity)
- Legislative procedures were followed in creation of them

Question 5

State

Answer 5

Legal system that has sovereign (total) power over a territory, where the members are subject to the system and bound together by a single political power.
(Constantino Mortati)

Question 6

Characterizing elements of the state

Answer 6

1. Territory
2. Sovereignty
3. People

Question 7

Characterizing elements of the state - in relation to the internet

Answer 7

1. Territory: no physical territory for the internet
2. Sovereignty: Internet is everywhere and nowhere - who has jurisdiction? governance of key issues is in hand of int agencies, no governmental interferences?
3. People: citizenship comes from ius sanguinis/solis [right of blood(parents) and right of soil(born there)] - new digital citizenship? who is subject to jurisdfiction?

Question 8

Forms of state (definition)

Answer 8

Set of values behind the relationship between the state, which can legitimately exercise power, and its citizens

Question 9

Forms of state (4 examples)

Answer 9

1. FEUDAL: feudal lord owned land, based on contracts, main purpose = protection of land
2. ABSOLUTE: crown had sovereign power, main purpose =money
3. LIBERAL: separation between state/society, protection of rights and freedoms, popular sovereignty, representative govt
4. DEMOCRATIC/PLURALISTIC: multi-class society, mass parties, 1st and 2nd generation (social and economic) rights

Question 10

Forms of government

Answer 10

1. Parliamentary executive
2. Presidential executive
3. Semi-presidential executive
4. Directorial executive

Question 11

Parliamentary executive

Answer 11

• Electoral body elects PARLIAMENT
• Parliament elects head of state
• Parliament grants and revokes confidence

Head of state-govt:
- separate, not popularly elected, does not serve fixed term

Question 12

Presidential executive

Answer 12

• Electoral body elects president and CONGRESS
• President and congress –> no confidence relationship
• President creates cabinet

Head of state-govt:
- combined into PRESIDENT, who is popularly elected and serves fixed term

Question 13

Semi - Presidential executive

Answer 13

• Electoral body elects president and PARLIAMENT
• President and parliament –> no confidence relationship
• President appoints government
• Parliament grants and revokes confidence to government

Head of state-govt
- separate
HOS = popularly elected and serves fixed term

Question 14

Acts

Answer 14

Voluntarily adopted laws that have legal power bc they meet 3 conditions:
1. Existence: made by the right people (with power)
2. Validity: made in the right way, following correct procedures
3. Efficacy: has power to create the effects it intends to have

Question 15

Facts

Answer 15

Produce legal effects bc law recognizes they can do so - not bc intentionally produced. Combine 2 elements:
- Objective: behaviour that has remained uncharged over passage of time
- Subjective: certain social behaviour is considered to be legally binding

Question 16

Legal hierarchy

Answer 16

1. Constitution
2. Primary laws
3. Secondary laws

Question 17

Constitution

Answer 17

“Law of laws” - top legal source.
Provides:
1. Frame of govt (relations among institutional bodies, and between inst bodies and citizens)
2. Bill of rights (fundamental rights of citizens)

Question 18

Codified consitution

Answer 18

-One single doc
- Long - contains the frame of government and the bill of rights
- Flexible - formally equal to ordinary laws, therefore the constitution may be modified
with an ordinary law
- Voted - drafted and voted by a constituent assembly/people

Question 19

Uncodified consitution

Answer 19

• Short - containing only the frame of the government
• Rigid - at the top of the hierarchy of legal sources therefore modifications require a
  social amendment procedure - Rigid means:
  i) It requires a double vote of each Chamber of Parliament;
  ii) There must be “an interval between the votes of not less than 3 months”;
  iii) It “shall be approved by a qualified majority (which is greater than the majority of the government) of the members of each Chamber in the 2nd voting”;
  iv) There must be the possibility of recourse to the people through a popular referendum.
• Octroyée - granted by a monarch

Question 20

Legislative vs Law decrees

Answer 20

• LEGISLATIVE decrees - Law that grants to government the power to issue decrees within specified limits - such decrees have the same force as the law
• LAW decrees - situation of emergency and urgency - government can issue decrees w/ same rank as law - within 60 days the parliament shall convert into law - otherwise cease to be effective

Question 21

Conflicts of law

Answer 21

1. Between norms that are placed by source of the same rank - Lex posterior derogate priori
2. Between norms that are placed by sources of different ranks - lex superior derogate inferiori
3. Between norms that regulate the same matter or subject - lex specialis derogate general + competence