Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 46. évf. 3-4. sz. - 2005/3-4. 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

Rácz Attila: Remodelling the System of Legal Protection in Hungary…14243562g00/?…


The study presents how the system of legal protection since the turn of the 1980sand 1990s, as a consequence of the changed international, political and economic circumstances, has been transformed in Hungary according to the requirements of a modern constitutional state. Giving information on the relevant historical-legal antecedents in Hungary, the then arising practical exigencies and different recently applied models in Western democracies, taken as starting points during the elaboration of the reform, the pros and cons of the latters,the study analyses the solutions introduced at the time of the change of the political-economicregime, their later developments, as well as the present-day system of legal protection in Hungary, making mentions of problems, too, which arise in some respects even nowadays. Taking all these into account, a comprehensive information is given in thestudy on the establishment of the Parliamentary Commissioners for Civic Rights and of the ConstitutionalCourt in Hungary, on the prosecutor's (procurator's) offices and courts of justice, focusingon the relating constitutional principles, their organisation, competences, guarantees of independenceand staff problems alike.

Varga Csaba: Legal Traditions?…175h0174r11/?…


Since the waning of the world concept offered by classical physics, law is seen as embodied less by material objects any longer than in a specific way of thinking. Consequently, the normativist perspective of legal positivism is also getting replaced by the comprehension of law in context of culture and tradition.In its own context, any of the terms of 'system', 'family' or 'culture' can be applied independently from each other but it is to be noted that 'tradition' is at the same time both a part and a given path of culture. In legal thought, concrete and generalising (abstract) ways of thinking are equally recoursed to, just as types which search for a solution either in the case's terms in its entirety or in the exclusive bounds of the given normative conceptual framework. It is only Western law that has become differentiated out of the rest, when individualism advanced and thinking in term of subjective rights grew into a dominant pattern, contrasted to our primitive (albeit surviving) approach to law which also expects, in addition to external conformity, the realisation of the law's internal ethos based on own initiative. English law, however, has revealed its face only gradually, as it has factual decisions made through an only-processually-arranged laic (jury) process while it has bound the declaration of what the law is to such facts of the cases among which no logical relationship can be established. In Civil Law, the treatment of adjudication as argumentation, and in Common Law, as practical reasoning, led the judicial process into a sphere only smoothly controllable by logic. Jewish and Islamic laws accept contradictory arguments from the outset. As to Indian and Far-Eastern cultures, they reject even the underlying questionto be raised. This way, in legal problem-solving the assessment of the merits of the caseandthe recourse to a reductive procedure can complement one another on the basis of some compromise. Institutionalisation itself is, as it channels the legal problem-solving to givenpaths, a function of a previously formed idea of order, of a given mentality. Our legaltheorising today is built mostly separatedly either on the classification and interpretation of facts or on the re-conventionalisation of the philosophical generalisation of concepts, with little interaction between the two types of approaches and research attitudes. Therefore, in order to encourage debate and commensurability, it is important that notions of law, at least tacitly assumed to substantiate their choices of subject, are clarified.

Fenyvesi Csaba: The Characteristic Features of Investigation under the Act on Criminal Procedure in Hungary…75q82316km5/?…


The present study purports to introduce, elucidate and examine reform ideas andinstitutions pertaining to criminal investigation in the purview of Act XIX of 1998 on Criminal Procedure, which came into force in Hungary on 1 July, 2003 through theexplication of the regulation of the different phases and moments of the completion of the investigation and its closure. Besides clearly introducing the general objectives and scope ofinvestigations, as well as the rights and obligations of the concerned parties, the study focuses on the prescribed procedural obligations of the authorities at each stage of the investigation as pursuant to Act XIX of 1998, with reference to the changes incurred in view of the former regulation. After meticulously highlighting the intention of the lawmaker implied by the effected changes and evaluating these, thereby also providing a basis for inter­national comparison, it concludes that the basic objectives of the new, “reform”criminal procedures law included the shift of emphasis from the phase of the investigation to that of the judicial proceedings. The possibility of the achievement of this objective will be tested by the future practice of law applying organs.

Sulyok Gábor: The Legality of Humanitarian Intervention under Traditional International Law…6p150052t05/?…


The necessity and usefulness of a thorough examination of the legality of humanitarian intervention under traditional international law is obvious. Following the analysis of customary law, the teachings of contemporary international lawyers, the relevant treaty stipulations, the doctrine of bellum iustum, the general principles of international law, and the ius ad bellumone may come to realize that a definitive conclusion on the issue simply cannot be derived, as both proand contraviews are verifiable, but neither is absolutely correct.

Nótári Tamás: The Scales as the Symbol of Justice in the Iliad…75708001785/?…


The idiom of the scales of justiceis commonly known and widely used. Iustitia can frequently be seen in different representations holding scales in her hand. The scales as a means or a symbol of justice (justness) or the administration of justice can be encountered in various places in Greek literature, one of its earliest instances being the Homeric Hermes' Hymn (Dikés talanta). According to these loci Zeus holds the scales of Diké, that is to say, the scales of justice in his hand. In the Iliad (23, 109-213) one may come across a scene presented in context, thus suitable for being more amply analysed, in which Zeus is pronouncing justice over the heroes using a pair of scales. In search of the meaning of Dikés talanta, this study tries to clarify the concept of law and justice (justness) in Homeric epic (I.), then by a structural (II.) and comparative analysis (III.) of certain lines of the weighing scene, decisive in the combat of Achilles and Hector, it formulates a few remarks on the origin and meaning of the concept of the scales of justice. One cannot claim that this idea of Egyptian religion had been transferred in its entirety into Greek thinking, but it is not surprising, as one can barely encounter an unaltered Egyptian borrowing in Greek mythological thinking. Nonetheless, some Egyptian influence, possibly with Cretan transmission, can be detected in the development of the Greek versions of psykhostasia and kerostasia. Pictorial as well as textual manifestations of such influence can be found on the one hand in vase-paintings, and on the other hand-undergoing a specific alteration of aspect in the form of kerostasia-in Homer, who paved the way for the scales of justice of Zeus and Iuppiter to become the symbol of Diké and Iustitia, and subsequently of the administration of justice itself.

Horváthy Balázs: Harmonisation of the Hungarian Legal Order with the EU's Common Commercial Policy…210w7580461/?…


In this essay is analysed the conceptual relation between the common commercial policy (CCP) of the European Union and the Hungarian foreign trade law, illustrating the dynamic extension of the CCP and the character of the competences in this field. Moreover the reader can get an insight into the so-called “rest competences”of the member states. In consequence of the nature and logic of the CCP was induced the mostly deregulatory modifications in the Hungarian legal order and the functional alteration of the foreign trade administration of Hungary. The author highlights this complex question consisting of the required modifications of the international conventional engagements and the harmonisation of Hungarian foreign trade material and procedural law in relation to the accession. He comes to conclusion that Hungarian accession to the EU might even be advantageous and it opens up a new prospect. Therefore the Hungarian foreign trade administration and diplomacy have to recognise the opportunity within the framework of the decision-making procedures of the Community as an initiative canalizing and enforcing the interests of the Hungarian producers and other market participants in all cases, when any kind of intervention is necessary in the relation of the third states.

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