Hungarian Journal of Legal Studies最新文献

{"title":"Mátyás Bencze, Gar Yein Ng (eds.): How to Measure the Quality of Judicial Reasoning. Springer, 2018","authors":"Lea Pődör","doi":"10.1556/2052.2019.60108","DOIUrl":"https://doi.org/10.1556/2052.2019.60108","url":null,"abstract":"","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43921639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Regulations of Blockchain and Cryptocurrency in Ukraine","authors":"Taras Bachynskyy, Roman Radeiko","doi":"10.1556/2052.2019.60102","DOIUrl":"https://doi.org/10.1556/2052.2019.60102","url":null,"abstract":"\u0000 This study develops a review of Blockchain legal regulations in Ukraine. The authors analyze use of Blockchain technology in administration and provision of public services in modern Ukraine. It is stressed that the illegal status of Blockchain and cryptocurrency in Ukraine is a barrier to the full use of these instruments in all spheres of modern life in Ukraine. The caselaw in the field of cryptocurrency use is analyzed.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47146104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Amicus Curiae: Origin, Worldwide Experience and Suggestions for East European Countries","authors":"I. Izarova, B. Szolc-Nartowski, A. Kovtun","doi":"10.1556/2052.2019.60103","DOIUrl":"https://doi.org/10.1556/2052.2019.60103","url":null,"abstract":"\u0000 This article describes the meaning of amicus curiae according to modern legislation and doctrine, as well as its origin from Roman law and English law. One part of the article is devoted to the current legal position of international institutions regarding amicus curiae and its place in different legal systems worldwide. Furthermore, the last part of the article related to the analysis of the new amicus curiae concept in Ukraine legislation, combined with the new principles of judicial case management and cooperation of the judge and parties in civil procedure. The article concludes with some thoughts about the need and viability of its implementation in the civil law countries using examples of current reforms of Civil Procedure in Ukraine, and other states of Eastern Europe.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46662749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Shaken or Stirred? Polish Constitutional (Dis)continuity between 1917–2017","authors":"M. Wiszowaty","doi":"10.1556/2052.2019.60107","DOIUrl":"https://doi.org/10.1556/2052.2019.60107","url":null,"abstract":"\u0000 The purpose of this paper is to answer the main research question “is there a constitutional continuity in Poland or even the Polish constitutional identity or rather there was a permanent discontinuation in last 100 years of Polish history of state?” For this purpose, the Polish constitutional history in the 20th and 21st centuries has been analyzed with respect to the changes made in the Polish political system over the past century from republican and democratic governments with a strong parliament to governments more akin to the monarchy, with a strong presidency, and even autocratic. Looking for sources of Polish political inspiration references are made to the legacy of the Polish-Lithuanian Commonwealth.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49170009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Is There a Private Life Free from Forms of Social Control?","authors":"Ľubica Saktorová","doi":"10.1556/2052.2019.60106","DOIUrl":"https://doi.org/10.1556/2052.2019.60106","url":null,"abstract":"\u0000 The present work focuses on the analytical examination of privacy and private life through the concept of formal and informal forms of social control. While the formal social control is expressed through the national and international legal rules, standards and statutes, the analysis will be pointed to the substantive list of human rights guaranteeing the spheres of privacy. The second part will examine the subject in context of informal form of social control, thus determining the respect to privacy in customary culture, moral codes, and contemporary surveillance mechanisms. The private life is guaranteed and safeguarded by the high number of legal rules. However, it is up to one ´s own conduct to secure it.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46757110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Rise of Illiberal Democracy and the Remedies of Multi-Level Constitutionalism","authors":"A. Pap, A. Śledzińska-Simon","doi":"10.1556/2052.2019.60105","DOIUrl":"https://doi.org/10.1556/2052.2019.60105","url":null,"abstract":"\u0000 This article begins with a brief overview of the characteristics of illiberal democracy proclaimed in Hungary and followed by Poland, the once 'Musterkinder' of European integration and compliance with the EU values and law. In the second part the weaknesses of multi-level constitutionalism is analyzed by addressing the Hungarian and Polish illiberal turn. The third part consists of a country-specific contextual analysis examining remedies to illiberal democracy in a normative focus.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47402531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial: Institutional Problems and Responses","authors":"Miklós Könczöl, V. Lőrincz, G. Kecskés","doi":"10.1556/2052.2019.60101","DOIUrl":"https://doi.org/10.1556/2052.2019.60101","url":null,"abstract":"Although not edited as a thematic collection, the first issue of our 2019 volume is remarkably coherent in terms of the problems tackled by our authors, all of them being related to specific institutions. In an age where a series of crises, socio-cultural as well as economic, test the flexibility and durability of democratic institutions, these surveys into the challenges and promises of institutional solutions could not be more à propos. In the first article, Bachynskyy and Radeiko review blockchain and cryptocurrency regulations in Ukraine. Their perspective is twofold: on the one hand, they give an overview of problems arising in Ukrainian legal practice in connection with the use of blockchain technology; on the other hand, they argue for a more open-minded approach when legislating on new information technologies. Here, their contention is that since the state cannot (and should not) impede technical development, it should adopt a less restrictive stance to be able to profit from its outcomes. Izarova, Szolc-Nartowski and Kovtun likewise focus on Ukrainian law, but what they examine is a specifically legal institution with roots as far as ancient Rome: the amicus curiae. In addition to the historical survey, they also include an Easter European comparison, to provide ample backing for their claim that – in contrast to what we have seen in terms of blockchain regulation – Ukrainian procedural law is on the progressive side, and may serve as a model for other legislations in the region. In that sense, the article adds to the considerations formulated by Alan Uzelac in one of the previous issues of this Journal.1 Kleczkowska’s article adopts a somewhat different approach, starting from the international perspective, and using a domestic (in that case, Polish) example to show that countries not yet afflicted by serious terrorist acts may also have to deal with cases involving terrorist crimes. Their task, she argues, would be facilitated by “a comprehensive legal instrument and an international organ with jurisdiction over the crime of terrorism”. In a similar vein, Pap and Śledzińska-Simon look for possible supra-national institutional responses for the challenge posed by the illiberal turn in EU member states such as Hungary and Poland.2 Yet here, it is not the absence of such institutions but their weakness that is considered problematic by the authors, who point out that the breach of community norms may go beyond a purely legal problem, and raises a threat to mutual trust between the member states.3 Analysing multi-level constitutionalism, they conclude that legal institutional solutions may be insufficient in themselves, but also that they can foster political reaction (eg. by mandatory voting).","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49245834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Constitutional Identity and the Identity of the People: The Constitutional Conceptualization of Non-Status and Off-Reserve Indigenous Populations in Canada","authors":"Jula Hughes","doi":"10.1556/2052.2018.59.4.1","DOIUrl":"https://doi.org/10.1556/2052.2018.59.4.1","url":null,"abstract":"Abstract This article focuses on the issue of the relationship between constitutional recognition and constitutional imposition of identity. The Canadian state in its constitutional document descri...","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43089340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Big Data and Scientific Research: The Secondary Use of Personal Data under the Research Exemption in the GDPR","authors":"Jan Meszaros, Chih-Hsing Ho","doi":"10.1556/2052.2018.59.4.5","DOIUrl":"https://doi.org/10.1556/2052.2018.59.4.5","url":null,"abstract":"Abstract In the age of big data and AI, the ability to extract knowledge and value from personal data is promising, especially for researchers and policymakers. The new findings based on the vast a...","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45460392","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ILO Pioneering on Domestic Workers – Migrant Women Issues","authors":"Krishna Koldinská","doi":"10.1556/2052.2018.59.4.6","DOIUrl":"https://doi.org/10.1556/2052.2018.59.4.6","url":null,"abstract":". This paper focuses on domestic workers, with particular attention paid to migrant women and their social protection. The ILO Convention concerning Decent Work for Domestic Workers is discussed and its possibilities and limits are highlighted. The response of EU legislation to the phenomenon of domestic work is also analysed. In conclusion, domestic work is labelled as a possible source of inspiration for future regulation of another, in many aspects, similar phenomenon – collaborative economy. and and invalidity in","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46540087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}