Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 48. évf. 3. sz. - 2007. évi 3. szám

A folyóirat a magyarországi jogtudomány eredményeinek közlésével, továbbá a magyar törvényhozás és jogi irodalom bemutatásával foglalkozik. A szerkesztőség, az egész közép- és kelet-európai jogtudomány áttekintése céljából, az utóbbi időben külföldi szerzők munkáit is publikálja.

ISSN: 1216-2574 (Print) 1588-2616 (on-line)
Megjelenés: évi 4 füzetben
Nyelve: angol
Főszerkesztő: Lamm, Vanda
Szerkesztők: Hans-Jörg Albrecht, András Bragyova, Manfred Burgstaller, Jacek Czaputowicz, Gábor Hamza, Tibor Király, Benoit Mercuzot, András Sajó, Tamás Sárközy, Jan M. Smits, Sienho Yee

Szerkesztőség címe: Acta Juridica Hungarica, 1250 Budapest Pf. 25
Tel.: (06 1) 355 7384
Fax. (06 1) 375 7858

Szamel Katalin: Legal and non-legal aspects of the reform process of the Hungarian higher education system…4641l454765/?…


The essay surveys Hungarian higher educational reform in a historical perspective Higher education is a special branch of public administration, where investment to human capital is of corollary importance even if the educational, research and fiscal autonomy of the given institutions is fully respected. The author investigates the legal aspects of how government oversight and supervision (as envisaged in the communist model) has been dismantled over the past 25 years in Hungary. There is no doubt: with the development of institutional autonomy, state subsidies decline and higher educational institutions need to make an increasing effort to simultaneously maintain financial stability, meet market demands and reverse the current trend of deterioration regarding the quality of education. It is for this reason that the negotiations between higher educational institutions and the state must remain within the legal frameworks so that government supervision will not transform into total neglection.

Nótári Tamás: The spear as the symbol of property and power in ancient Rome…62087823375/?…


In his well-known description of legis actio sacramento in rem , Gaius remarks that the rod was used in the procedure instead of the spear as the sign of lawful property since what the Romans considered truly their own was the goods taken from the enemy: “ Festuca autem utebantur quasi hastae loco, signo quodam iusti dominii; quod maxime sua esse credebant quae ex hostibus cepissent .” In harmony with Gaius’s view Verrius Festus states that the spear is the symbol, incarnation of supreme power: “ Hasta summa armorum et imperii est .” Setting out from these two testimonia , in the present study we intend to examine the content of the hasta and the festuca as symbols of power to support the interpretation of the ritual of legis actio sacramento in rem as duellum sacrum . First, we shall give a brief account of the occurrences of the spear as the symbol of imperium , of subhastatio related thereto and the function of the supreme commander’s spear; also, we shall touch on the stick of augures and certain Greek prefigurations and parallels of the symbolic nature of the spear and the rod. (I.) After that, we shall make some statements concerning the spear of the god Mars and the Mars cult, and the relation of Quirinus and Quirites to the symbolism of the spear. (II.) The fasces carried by lictores proceeding in front of the magistratus , the flamen Dialis and the virgo Vestalis are also insignia of power and, as we try to highlight this point, incamate the highly sacralised, numinous nature of power. (III.) Finally, from the ceremony of declaring war and from the special character and use of the spear in the ceremony we intend to show certain parallels between ius fetiale and legis actio sacramento in rem . (IV.)

Mousourakis, George: Conceptualizing legal change: A comparative law approach…15m668k11l8/?…


Legal historians have observed that many legal norms have remained in force for a long time, yet the great degree of social change would prima facie also entail legal innovations. But there have been fewer than expected Can one construct a general theoretical framework for assessing explanations concerning legal change and legal stability? Further, can such a framework be constructed from the perspective of comparative law? It may perhaps be argued that comparative law is not sufficient for constructing such a theory, a general analysis of society is also needed. But even if concrete conditions, and cause and effect relations cannot be entirely explained by an abstract scheme, it is at least reasonable to hope that such a scheme may clarify some of the basic concepts at work and enhance insights into the nature and progress of law. The first part of this paper considers the nature and scope of comparative law and identifies different approaches to the subject adopted by contemporary comparatists. In the second part, the problem of legal change is discussed from the standpoint of a particular theoretical perspective represented by Professor Alan Watson, one of the most productive post-War comparatists and legal historians.

Domahidi Ákos: The legal position of framework decisions…7778un76895/?…


The framework decisions, as the central legal act under the “third pillar” are some of the most significant non-typical documents from a dogmatic point of view within the EU law. The differences and specialities of this legislative act, correlated with the EC Treaty are available not only in the lawmaking process, but in juridical supervision as well. The main goal of this paper is to show the dogmatic and practical aspects of these two perspectives. First of all it is necessary to predict, why the framework decisions are not products of classic public international law (according to the position of the German Federal Constitutional Court), rather than special documents, and do they consequently belong to a supranational system. The missing infringement procedure within the police and judicial cooperation in criminal matters makes the judicial control of the Member State’s effective enlargement extremely difficult. Secondly it is important to demonstrate the alternative methods of the ECJ, which is based on case law from the Court of Luxembourg, in the field of the directives. In this context the study will analyze the consequences of the important “Pupino” Judgment.

Nagy Csongor István: The moral of the Hungarian Status Law saga…30w626vm417/?…


The present paper deals with the debate about the fiercely disputed Hungarian Status Law and its amendments. The Law was destined to grant a special status to ethnic Hungarians living the beyond the borders of Hungary. The paper contains a brief comparison of the mainly Central and Eastern European laws, through which states grant special rights to their kinminorities. The international debate about the Hungarian Status Law is also covered by the paper. Even though several states grant special status to the members of their kin-minorities the enactment of the Hungarian Status Law triggered a surprisingly fierce debate. It is submitted that although in some details the law might have run counter certain public international law principles, the reaction to the law was mainly backed by emotional arguments and hence the whole controversy could not go beyond the level of symbols. The paper also deals with the 2003 amendment of the Law, which was enacted according to the objections raised by the neighbouring countries. The paper is an attempt to show the futility of the whole Status Law debate: it is submitted that although the 2003 amendment did not go into the very substance of the provisions of the Law at large, it did satisfy these claims by simply changing the phraseology of the Law.

Kelemen Miklós: Hamza Gábor-Nótári Tamás : Mit hoz a Múlt? Jog és kultúrtörténeti tanulmányok I. [What brings the past? Studies on legal and cultural history I.]…vw27kv83826/?…


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