Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 49. kötet, 1. füzet - 2008. április 3.

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

  • Korinek László: Global and Hungarian tendencies in law enforcement

http://www.akademiai.com/…j4ru2k25682/?…

Abstract

The author explores current trends in law enforcement and criminal policy. The first part of the essay focuses on the methodological and theoretical difficulties with describing the state of global crime. Special attention is given to the peculiarities of post-9/11 developments in the field of crime prevention and anti-terrorist legal regimes, a situation in which the efforts to combat terrorism have crossed the traditional boundaries of criminal law enforcement and the policy and practice of pre-emptive strikes is difficult to fit even into the recognized conceptual framework of crime prevention. Following this, the author turns to the analysis of decentralizing and privatizing public security and law enforcement and the question of security partnerships.Prior to the assessment of the concept and paradigm of human security-which is at the heart of the inquiry-Professor Korinek provides an overview of the social effects of crime and security protection, the social perception of crime and law enforcement and the interrelation of politics and criminal law. The author calls for a complex and global approach when approaching the question of liberty and security, since the traditional distinctions between the military and the police as well as domestic and external security are fading. By using a comparative methodology (incorporating a wide range of international examples along with references to Hungarian criminal policy developments and constitutional jurisprudence) the author claims that the new element in the human security approach is that it places the perspective of individuals and their communities before the security interests of the national or even the whole international community, and thus is able to resolve the dichotomy that is generally presumed to exist between human rights and security.

  • Bond, C.: Judicial independence in transition: Revisiting the determinants of judicial activism in the constitutional courts of post-communist states

http://www.akademiai.com/…j67108h8725/?…

Abstract

This study investigates the relationship between dimensions of judicial independence and judicial review in constitutional courts Central and Eastern Europe and the Former Soviet Union. In part a modified replication of prior works examining the issue, the study uses newly collected data from a panel of ten countries. It examines the relationship of judicial review with: (1) judicial independence (using both measures employed by the prior works, corrected versions of those measures, and measures original to this study); (2) political and social contextual factors; and (3) the receptiveness of post-communist countries to the importation of transplanted legal institutions. Improvements on the conceptualisation of judicial independence, inclusion of the dimensions of receptiveness, and a more appropriate panel of countries enable this study to present a more complete and accurate portrait of constitutional judicature in transition contexts. The results show that while corrections to prior measures of judicial independence improve the results at the margin, the entirely new measures of the concept represent a greater step forward. Several dimensions of judicial independence are positively related to judicial review, as are the measures of countries’ receptiveness to legal transplants. Other key factors positively related to judicial review in transition include legislative fragmentation at the time of each court decision, the scope of rights guarantees in a bill of rights, and popular trust in courts. Presidential power is negatively related to judicial review. The findings further indicate that aside from judicial independence, the prior works do present correct portrayals of most of the contextual influences they investigate.

  • Horváthy Balázs: After the first lessons and experiences — cases concerning Hungary before ECJ (2004–2007)

http://www.akademiai.com/…7470031t204/?…

Abstract

The essay attempts to give an overview on the cases relating to Hungary before European Court of Justice in the period between 2004–2007, which are classified into four categories. The first part of the article analyses eleven procedures concerning petitions for preliminary rulings, illustrating the bearings of the cases and pointing out the importance as well as consequences from the point of view of the Hungarian legal order. The essay refers to the fact that activity of Hungarian courts to apply preliminary ruling procedures is exceptionally high comparing with the other nine Member States acceded to EU in 2004 and in almost each cases concerned, the references were profoundly considered by the Hungarian court. The second category described in this paper includes cases, in which Hungarian individual persons participate as litigants (including the cases before Civil Service Tribunal). The experiences of these procedures on the basis of direct complaints indicate the conclusion that in several cases, the attorneys representing the plaintiff before ECJ involve not enough responsibilities to avoid bringing obviously inadmissible actions. In the third part of the paper the reader can get an insight into the cases in which the Republic of Hungary appears as litigant. Finally the fourth category embraces cases with indirect interest relating Hungary. These are referred but not deeply examined in the article.

  • Gárdos-Orosz Fruzsina: Constitutional rights: Horizontal effect and antidiscrimination law in Hungary

http://www.akademiai.com/…397v3550126/?…

Abstract

This contribution aims to examine how the Hungarian Constitution applies in private relations through judicial activity and how the anti-discrimination legislation influences this tendency. The current codification procedure of the new civil code calls for a thorough theoretical background in order to answer how its provisions relate to the Constitution. After the general overview of the practice of courts and the Constitutional Court, the criticism of scholars developed on the issue will shed light on the weaknesses, but in spite of them, the overall success of the theory of indirect horizontal effect. The paper will also deal with the horizontal effect of a specific constitutional right, namely the right to equal treatment. I examine the fairly new legal instrument, the act on the prohibition of certain forms of discrimination, and demonstrate how this new practice influences the idea of horizontal effect in constitutional law and what implications it has on the new Civil Code afoot. I argue that the act at first sight exists independently from the requirement of horizontal application of fundamental rights, but, in fact, it implicates the necessity to reconsider in its light how the Constitution applies in private relations.

  • Tamás Nótári : Studia Iuridico-philologica I

Abstract

Without abstract.


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