Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 47. évf. 1. sz. - 2006/1. sz.

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
E-mail: lamm@jog.mta.hu

Belényesi Pál: Kaleidoscope

http://akkrt.metapress.com/…051017k0768/?…

Absztrakt

The Relationship between the EC Competition Rules and National Competition Laws (A developmental approach with regards to supremacy)

Rónay Miklós: Ius Matrimoniale Concordatarium : A comparative approach

http://akkrt.metapress.com/…81537p5550v/?…

Absztrakt

The comparative examination of the matrimonial parts of the treaties bond between the Holy See and the states (concordatarian law) shows that during the 20th century, the Catholic Church has contracted in this matter such a way that it was able to conclude stronger treaties with the local secular sovereigns. The actuality of the examination of the Catholic Church's international treaties becomes obvious during the examination only. In the treaties of the last decade, a significant change can be followed in the Parties' legal relationships, which is an important step in the course of the gradual formation from the first half of the 20th century. As a result of the examination of the legal structure of treaties of these ten years, the tendencies of the former decades can better be understood as well. Recently such a treaty-material is available for us, on which it is possible and worth carrying out an examination. This essay contains the detailed examination of all matrimonial parts of the Catholic Church's international treaties with a consideration of all legally relevant bearings to be found in them. In the Appendix, one can find the whole text to examine in English. This essay, as it issues from its genre, is to be read with the Appendix together.

Donner, Rurh: Dual Nationality in International Law 15

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Absztrakt

The presentation begins with introductory remarks centred principally on the topicality of the legal status of dual nationals. Whereas earlier the doctrine of State sovereignty required that an individual have only one nationality, the status of dual nationality is now increasingly accepted, though not created, by States. The development of human rights law is of importance insofar as statelessness is now considered to be a greater evil. It then continues with some basic principles in international law, the first being that it is for each State to decide who are its nationals. This leads to a discussion of some landmarks in the development of the international law of nationality: the Tunis and Morocco Nationality Decrees before the PCIJ in 1923; the League of Nations codifying Convention on Certain Questions Relating to the Conflict of nationality Laws, 1930; and the Nottebohm case before the ICJ, 1953, in particular. Te greatest contribution to the topic has come from the Iran-United States Claims Tribunal, for three reasons: for rejecting Article 4 of the 1930 Convention, embodying the principle of non-responsibility; further, it clarified how dominant and effective nationality can be determined for the purposes of the nationality of claims; and it developed the equitable doctrine contained in the caveat to Case A/18 that the status of dual nationality must not be used unjustly or fraudulently. Lastly, the possibility of a “dormant” nationality is accepted, and the European Convention on Nationality, 1997, and the International Law Commission's drafts on Diplomatic Protection noted.

Sajó András: Constitutional Sentiments

http://akkrt.metapress.com/…2v8535123r1/?…

Absztrakt

The principal claim of the essay is that sentiments and assumptions about senti­ments - have an important role in setting up constitutional designs and interpretation (“evolving standards of decency”); - constitutional arrangements do have impacts on social emotions; - the disregard of the interrelation of emotions and other forms of cognition condemns legal theory to one-sidedness and the efforts of behavioral economics seem not to undo this one-sidedness. For example, fear is present in the making of many constitutions. Constitutions are designed to give assurances against fear that stems from, among others, pre-constitutional oppression, mob rule and factional passions. Constitutional rights are also structured by emotions: Compassion and indignation serve as emotional grounds to accept and claim human rights. A simplified vision of modernity claims that law and constitutional design is all about rationality. Brain imaging studies indicate that moral emotions guide many moral judgments or are in competition with reasoning processes. Of course, moral emotions contribute to the shaping of law through moral judgments. To the extent law intends to shape behavior, it will rely on its legal folk psychology. A theory of constitutional sentiments shall reconstruct the assumptions on human nature as emotional nature that shape the constitution and its interpretation. Historically, constitutional path dependence presupposes emotional choices and emotional action tendencies that are institutionalized and 'imposed' on law and society. Paradigmatic changes in constitutional law cannot be explained without considering the path-breaking rule of emotions. For example, the commitment to abolish slavery cannot be explained without the emotional condemnation (based on disgust and resulting in indignation) of the institution. The ban on torture is also rooted in sentiments of disgust. Concepts of cruel and unusual punish­ment are rooted in emotions of disgust. Law is both trying to script emotions (in order to prevent challenges to the status quo) and accommodates prevailing (or preferred) emotions (hence the difficulty of a non-revenge based criminal policy).


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