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mesleki ingilizce > sinav 2 > Flashcards

sinav 2 Flashcards

1
Q

Bill of Rights Bill’i kim sunmustur?

A

the uk government - dominic raab (dönemin adalet bakanı)

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2
Q

bill of rights bill ne zaman sunulmustur?

A

22 june 2022. a week after the interim measure ruling of the ECtHR

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3
Q

ingilterede aihsi ic hukuka entegre eden anlasma?

A

human rights act 1998

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4
Q

human rights act kimin donemi?

A

tony blair isci partisi hukumeti

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5
Q

name two duty that bill excludes

A
  1. convention-compatible duty of interpretation of the courts
  2. strasbourg jurisprudence
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6
Q

in the bill, there are phrases like “courts” and “may”. what does may refers?

A

the word “may” refers to discretionary power. /takdir yetkisi

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7
Q

there is a provisiond stating that the courts may have regard to the preparatory work of the convention. what kind of doctrine this provision reflect?

A

this provision reflects an originalist doctrine associated with conservative- republican appointed judges in the us

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8
Q

what does echr system based on?

A

echr system based on the living instrument doctrine and evaluative interpretation

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9
Q

by excluding the positive obligations regarding a convention right, complete protection before courts and public authorities is not possible. true/false?

A

true

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10
Q

name two cases that proves hra’s positive obligations importance?

A
  1. hillsborough. liverpool
  2. regina v. secretary of the state for the home department (respondent) of Parte Amin (FC) (Appelant)
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11
Q

what does make the bill of rights bill amorphous?

A

discretionary power whether the courts shall apply common law precrdents or strasbourg jurisprudence ot its legal philosophy

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12
Q

what determines the meaning and effect of convention rights for domestic law?

A

supreme court
not echr

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13
Q

the bill explicitly prescribes that judgements of the ECtHR are not part of domestic law. true/false?

A

true but the strasbourg court has never become a superior court in the british constitutional order.

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14
Q

what leads to the principle of legislative supremacy in the british constitutional order?

A

non existence of a codifies/rigid constitution

not parliamentary democracy

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15
Q

bill policy making konusunda competing interest ve convention rightsa gore agir bi yuk veren hukme sahip mi?

A

evet ve bu provision is absurd and non functional cunku zaten anayasa yok westminister parlamentosundan kaynaklanan/ prevails over/ bi yasama //judiciary var

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16
Q

quash, strike down, annul, set aside the uk’de hangisi var? bunlarin farklari ne?

A

quash, strike down, set aside = declare void -> fiilen hukumsuz kilinir mevzuattan kalkmaz. annul’da mevzuattan kalkar/iptal edilir. kita avrupasinda annul var. ingilterede quash var

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17
Q

hra regime balances judicial supremacy and parliamentary sovereignty. true false?

A

true

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18
Q

under the hra system, the courts already lack the power of to quash or strike down legislation because of inconsistency with conversation rights. true false

A

true

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19
Q

provisions diverging from the echr

A
  1. the right to be tried before a jury draw attention. fair trial is already protected by echr and hra
  2. freedom of speech
  3. limited protection for convincted prisoners
  4. prohibit courts from finding deportation law to be incompatible with the right to family and private life w/o the existence of any extraordinaru circumstances
  5. forbid human rights litigations arising from acts of public authorities during overseas military operations
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20
Q

what is not changing in the bill?

A
  1. declaration of imcompatibility procedure
  2. acts of public authorities which are incompatible with convention rights are deemed unlawful
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21
Q

which courts may issue a declaration of incompability?

A

only the high courts

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22
Q

declaration of incompatibility

A
  1. only the high courts may issue
  2. not mandatory
  3. it doesnt affext the enforceability of the law to be applied in the particular case nor applies to the parties of the proceedings in which it is made.
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23
Q

what is the primary instrument of hra?

A

convention friendly interpretation

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24
Q

what is the hra’s aim?

A
  1. domestic integration of the echr system into the british legal system
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25
Q

is the bill of rights bill a upgrade of hra?

A

no. it s a complete repeal

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26
Q

the bill reflects a substantial deviation from the human rights regime and mindset which has been entranched for more than 20 years. true false

A

true

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27
Q

the enactment /parlamentonun kabul etmesi/ of the bill might lead to a significant INCREASE in the number of cases brought aganist the UK and convictions as well before the ECtHR. true false.

A

true

28
Q

all substantial constitutional and democratic achievements were either initiated /onayak olmak or introduced /bizzat sunmak by the labour or the liberals in the british history. true false

A

true. not conservatice party

29
Q

what does the rounds of conservative policy on keeping a distance from europe?

A
  1. ab/eu den cikmak
  2. the bill of rights bill
30
Q

since its adoption the us constitution has only changed….times.

A

27

31
Q

in order for an amendment to be passed, a number of steps must be taken as outlined of article v.

A
32
Q

about the us constitution change there are two ways to do it that describes in article v:

A
  1. 2/3 vote of the house of representatives and the senate
  2. a national convention called by congress at the request of 2/3 of the state legislatures → has never been used
33
Q

the us constitution ratification ways

A
  1. 3/4 of the state legislatures (38 states)
  2. special conventions called in 3/4 of the states (21st amendment was the only one to be adopted this way)
34
Q

the time limit for the ratification process of……. years was firdt applied to the …….. amendment.

A

seven - eighteenth (18)

35
Q

first 10 amendments

A

bill of rights

36
Q

what is about 18. amendment

A

prohibition of liquor (1919-1933)

37
Q
  1. amendment
A

corprossional compensation. ilk propose edilen ama en son onaylanan amendment. james madison propose etti. bunun uzun yıllar sürmesinin ardından 7 yıl süre ölceği getirildi.

38
Q

bundestag electing system seeks to combine the benefits if both direct and ….. while guarding aganist the electoral mistakes of german history, which saw political fragmentation during the weimar republic between wwi and wwii

A

proportional representation

39
Q

where the largest number of eligible voters live in?

A

western state of north rhine westphalia
bavaria
baden württemberg.

40
Q

the first vote ir “erststimme,” for the district representative, follows …… system like elections in the united states

A

first-past-the-post

41
Q

for the first vote independent candidates can also run - if they habe gathered at least …. signatures fromm supporters.

A

200

42
Q

german states with larger populations have more constituencies and grt ti send more representatives to the bundestag than the smaller ones

A
43
Q

zweitstimme goes to ….. instead of a single candidate.

A

political party

44
Q

the parties rank their candidates and only the top few names are printed on ballots

A

so they cannot be sure about further candidates

45
Q

cdu is better in the first vote

A
46
Q

base number …….. seats but right now there are 725 parlamentarians.

A

598

47
Q

what is overhang seat?

A

sometimes a part will receive more direct parliament seats through the first vote than they deserve according to the party vote.

48
Q

in order for a party to enter the bundestag, it has to win at least …. of the second vote.

A

%5

49
Q

what is the aim of the five percent hurdle?

A
  1. prevent smaller splinter parties like those that bogged down the weimar republic in the 1920s from entering parliament
  2. keep the far-right npd and other extremist parties out of the bundestag.
50
Q

who is the strongest opposition party in the 2017 vote?

A

AfD (alternative for germany)

51
Q

is there cdu in bavaria?

A

no. csu

52
Q

who picks the chancellor?

A

bundestag. the president, who is the head of state and plays a largely ceremonial role, then presents this person as candidate for chancellor, who the newly-elected members of parliament then approve in a secret ballot

53
Q

2021 elections were about climate change. what will be in 2025?

A

economy

54
Q

why does merkel stays in place for now?

A

because coalition should be formed aand yeni chancellor secilmeden gidemez yurutmesiz kalmasin diye

55
Q

mr scholz (spd leader) told a television audience the voters had given him the job of forming a

A

good, pragmatic government for germany

56
Q

scholz said “,i think that the people in germany want …….. in oppositon.”

A

christian democratic union

57
Q

who are the favoured coalition partners of the cdu/csu alliance?

A

liberal fdp and the greens

58
Q

who are the kingmakers in parliament?

A

fdp greens

59
Q

what is the largest party in the eastern states of saxony and thuringia?

A

AfD

60
Q

greens leader ……. wants to loosen germany’s debt brake thst stops a big jumpnin public dept. fdp leader christian lindner has little time for her party’s “ideas of tax hikes, or softening the debt brake”

A

annalena baerbock

61
Q

gunumuzdki koalisyon traffic light. yani

A

spd
fdp
greens

62
Q

jamaica coalition

A

cdu csu
fdp
greens

63
Q

kenya koalisyonu

A

cdu csu
spd
greens

64
Q

germany koalisyonu

A

cdu csu
spd
fdp

65
Q

grand coalitiob

A

cdu csu
spd

mesleki ingilizce (2 decks)

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