Hungarian Journal of Legal Studies最新文献_第8页

The twilight of the separation of powers: Proportionality as a method of solving institutional issues 三权分立的黄昏:比例作为解决制度问题的一种方法

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2020.00227

M. Hapla

引用次数: 0

Plague discourse, quarantine and plague control in early modern England: 1578–1625 近代早期英格兰的瘟疫话语、隔离和瘟疫控制：1578-1625

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2020.00001

Ákos Tussay

{"title":"Plague discourse, quarantine and plague control in early modern England: 1578–1625","authors":"Ákos Tussay","doi":"10.1556/2052.2020.00001","DOIUrl":"https://doi.org/10.1556/2052.2020.00001","url":null,"abstract":"Plague was a frequent visitor to early modern England, ravishing the whole country six times between 1563 and 1666. The plague problem was, however, definitely not just an English peculiarity. Plague, due to its recurrent and devastating outbreaks, was one of the central themes of late sixteenth-century medical scholarship and social policymaking. Plague was regulated mainly at the local levels, but most of the continental regulations and contemporary guidance seems to endorse two common features. They placed considerable emphasis on contagion and drew certain correlations between contacting plague and poverty on the one hand and meagre living conditions on the other hand. In some desperate attempts, the Elizabethan and Jacobean governments, set out to contain the spread of the disease, missing some marked features of these novel continental practices, issued various ill-suited regulations which dominated English plague control from 1578 to 1666. Despite these regulations' remarkably egalitarian overtone and seemingly charitable resolutions, this paper argues that the Elizabethan and Jacobean policies of plague control were destined to failure chiefly because of their elitist and inconsiderate measures, reducing them effectively to a harsh policy of confinement of the infected poor masses, taking almost no account of their health or well-being.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49520410","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}

引用次数: 1

Corrigendum: Rule of law vs. Poland and Hungary – An inconsistent approach? 更正:法治与波兰和匈牙利——不一致的方法?

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2021.11111

N. Daminova

引用次数: 0

The reference to constitutional traditions in populist constitutionalism – The case of Hungary 民粹主义宪政对宪法传统的借鉴——以匈牙利为例

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2021.00298

Fruzsina Gárdos-Orosz

{"title":"The reference to constitutional traditions in populist constitutionalism – The case of Hungary","authors":"Fruzsina Gárdos-Orosz","doi":"10.1556/2052.2021.00298","DOIUrl":"https://doi.org/10.1556/2052.2021.00298","url":null,"abstract":"The paper aims to highlight the nature and the relevance of the reference to constitutional traditions in the building of populist constitutionalism, with special regard to the Hungarian case. In Hungary the goals and effects of this reference – especially the references to the achievements of the historical constitution – must be discussed at the level of the constitutional text and with regard to the formation of the new constitutional jurisprudence and, furthermore, to the creation of the constitutional identity. Outstanding political theories have been built about the elements of national populism and all include a political emphasis on a nation's pride in its culture, history and traditions. This paper examines the normative legal consequences of this in a state where the populist political forces have consecutively gained a majority in the Parliament which enables them to adopt and amend a constitution and decide on the personal make up of the constitutional court. It examines the role of the reference to constitutional traditions in the transformation of the constitutional system. The illustrative case studies from Hungary show one element of the alternative to mainstream liberal constitutional democracy: a constitutional perception of the sovereign people with a strong common constitutional heritage, this latter to be respected by all state organs and by domestic, European and international law. The paper offers an understanding of this constitutional concept and assembles disclaimers and serious legal concerns that must be taken into account, at least in Hungary, but probably in many other national populist regimes as well.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46880227","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}

引用次数: 6

Rules of jurisdiction in the new Hungarian private international law 新匈牙利国际私法中的管辖权规则

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2021.00285

K. Gombos

引用次数: 0

The use of comparative law in the practice of the Hungarian Constitutional Court: An empirical analysis (1990–2019) 比较法在匈牙利宪法法院实践中的运用:一个实证分析(1990-2019)

Hungarian Journal of Legal Studies Pub Date : 2021-06-08 DOI: 10.1556/2052.2020.00306

E. Bodnár

引用次数: 2

Paradigmatic Changes, or are Local Self-Governments Before or After Changes in Hungary? • 范式变化，或者匈牙利的地方自治是在变化之前还是之后?•

Hungarian Journal of Legal Studies Pub Date : 2021-04-08 DOI: 10.1556/2052.2019.00021

Klára Gurdon-Nagy

引用次数: 0

The Possibility of Universal Semiotics of Law 法律的普遍符号学的可能性

Hungarian Journal of Legal Studies Pub Date : 2021-04-08 DOI: 10.1556/2052.2019.00019

Miklós Szabó

引用次数: 0

An Emerging Key Concept in European Constitutional Law: Sustainability 欧洲宪法中一个新兴的关键概念：可持续性

Hungarian Journal of Legal Studies Pub Date : 2021-04-08 DOI: 10.1556/2052.2019.00020

A. Jakab

{"title":"An Emerging Key Concept in European Constitutional Law: Sustainability","authors":"A. Jakab","doi":"10.1556/2052.2019.00020","DOIUrl":"https://doi.org/10.1556/2052.2019.00020","url":null,"abstract":"Sustainability, as comp ared to the rule of law, human rights, sovereignty or democracy, is a relatively new constitutional key concept. It is mentioned explicitly more and more in constitutional discourses, and – even more importantly – it helps to reconstruct a number of current constitutional debates under one conceptual umbrella. Sustainability comprises different responses to long term social challenges which cannot efficiently be responded to via democratic mechanisms. Democratic mechanisms are based on election terms and which are, consequently, structurally short-sighted. By ‘European constitutional law’, I mean in this paper both the primary law of the EU and domestic constitutional documents. In the present paper is am first going to sketch the nature and the types of the sustainability challenges that contemporary societies face, with a special focus on Europe (environmental, demographic and financial). In the main part of the paper, I am going to show possible constitutional responses to these challenges. Finally, I will summarise the main argument of the paper which is a suggestion to set up an economic constitutional court consisting of economists with the power to annul laws if these contradict the principles of sustainability.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43996652","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}

引用次数: 2

The Continuity and Discontinuity of the Austro-Hungarian and Czechoslovak Solution to the Minority Issue 奥匈和捷克斯洛伐克解决少数民族问题的连续性和间断性

Hungarian Journal of Legal Studies Pub Date : 2021-04-08 DOI: 10.1556/2052.2019.00023

René Petráš

引用次数: 0