Law

2-6 lesson

What is descriptive law?

Descriptive law explains how a certain phenomenon occurs and describes how things are, similar to natural sciences or economics.

What is prescriptive law?

Prescriptive law consists of rules governing how people ought to behave, stating what ought to be rather than what is.

What are the different legal orders that individuals are subject to?

Individuals are subject to legal orders from international organizations, states, regions or counties, cities, and private organizations.

What is the difference between public law and private law?

Public law regulates relationships between authorities and individuals, while private law governs relationships between equals.

What is the main source of law in common law jurisdictions?

In common law jurisdictions, the main source of law is case law, and the principle of stare decisis guides legal decisions.

How does civil law differ from common law?

Civil law relies on written legislation, where judges are bound to the law and can ignore prior cases.

What are the three main powers of the state?

The three main powers of the state are legislative power (making laws), executive power (enforcing laws), and judicial power (interpreting laws).

What is the role of the constitution?

The constitution is the fundamental law of a country that outlines how authority is exercised and the rights of individuals.

What does it mean for a law to be annulled?

Annulment occurs when a lower law is deleted due to its conflict with a superior law, and it has no legal effect.

What is the principle of proportionality in the context of limiting rights?

The principle of proportionality requires that any limitation of rights must be proportional to the goal intended and cannot abolish the rights.

What is the significance of the rule of law?

The rule of law ensures that public authority is exercised according to established laws, especially the constitution, to prevent despotism.

How are human rights categorized?

Human rights can be categorized into individual rights (e.g., right to privacy) and collective rights (e.g., right to preserve minority identity).

What is the key distinction between absolute rights and relative rights?

Absolute rights cannot be limited under any circumstances, while relative rights can be limited based on public interest or other rights.

What is the role of majority rule in democracy?

Majority rule allows decisions to be made by a majority of votes, balancing the ability to govern while protecting minority rights.

What is the concept of militant democracy?

Militant democracy refers to a democratic system that actively protects itself against intolerant ideologies and prohibits hate speech.

What are universal suffrage and its importance in democracy?

Universal suffrage allows all adult citizens to vote, ensuring representation and participation in the democratic process.

How is direct democracy different from representative democracy?

Direct democracy involves citizens voting on decisions directly, while representative democracy elects representatives to make decisions on behalf of citizens.