Politics and Jurisprudence Concepts

Óbuda University, Keleti Károly Faculty of Business and Management, Institute of Economics and Social Sciences

• This is a Hungarian university, specializing in Business, Management, Economics, and Social Sciences.
• The presenter, Csilla Mizser-Kohlhoffer, PhD., provided contact information: [email protected]

System of Politics and Jurisprudence

• The subject "Law" aims to provide a comprehensive view of politics and jurisprudence.
• This includes essential definitions and connections related to Civil Law and Criminal Law.
• This subject seeks to develop an appreciation for the study of law.
• University students are encouraged to independently apply legal principles and develop their legal knowledge independently.
• Students are encouraged to utilize resources like www.net.jogtar.hu for further exploration of Hungarian law information (by Year, Number, Paragraph, Type, and Abbreviations)

The Dual Meaning of Science

• Science encompasses both the activity and knowledge-based comprehension of scientific theories.
• Scientific theory's defining components include categories (specifying content connected to a phenomenon), definitions (identifying features from similar phenomena), determinations (summarizing typical features of phenomena), categories (expressing relations and proportion), scientific laws (considered scientific truths), hypotheses (controversial but not denied relations), and theory (a structured unit that combines definitions, scientific laws, and hypotheses.).
• Paradigm, a model for problem-solving, comprises scientific results and includes necessary conflicts within existing knowledge, leading to reorganization into new scientific paradigms.

Subdivisions of Science

• Science traditionally comprises natural science and social science.
• The subdivisions of social science include various approaches, with each enactment being valid for a specific period.
• The analysis of categories and definitions within social science plays a crucial role in evaluations.

Subject of Science - Law

• The subject matter of law is the legal phenomenon found within society and the state.

Stages of Law Becoming Science

• Early civilizations often integrated law and religion.
• Ancient Greek scholarship, despite advancements in philosophical thought, lacked a formal system for expressing "law."
• Roman jurisprudence established the groundwork for legal training and organization.
• During the Western feudal period, the glossaries of Bologna established jurisprudence in universities, and legal qualifications differentiated between secular and spiritual roles in administration.

Jurisprudential Approaches

• De lege lata focuses on established law, proceeding from current laws to identify outcomes.
• De lege ferenda assesses current circumstances to anticipate future legal development. This approach is critical of existing legal situations, offering perspectives on potential adjustments and reformations.

Methods of Jurisprudence

• Basic/standard methods of jurisprudence aim to resolve problems and identify solutions.
• General jurisprudence examines the genesis and progression of related phenomena.
• Specific jurisprudence uses critical, analytical, dogmatic, sociological, statistical, and psychological methods in a research that is focused.
• Comparative study helps explore the principles of general phenomena, allowing for broader comparisons.

Philosophy of State and Law

• Philosophy of state and law is a general theoretical philosophical science that examines the nature, qualities, relationships, and principles of the state and the law.
• Primary directions focus on the origin of the state and law.
• Philosophy explores definitions of the state and law.
• Social functional analysis examines functions/usages of state and law.
• The essence and correctness of the given law is assessed.

Grouping of Systems of Laws

• René David's classification of legal systems into families: Roman-German, Common Law (Anglo-Saxon), Socialist, Religious-Traditional.

Characteristics of Roman-German Law Family

• Found in Continental/Western Europe, South America, Central/Eastern Europe, and Scandinavian regions.
• Originated from Roman law, prioritizing written laws over customary ones.
• System of planned legislation, contrasted with customary collections of law.
• Employing a conceptual analytical approach (systematization and structure).

Roman Law

• This section presents historical information on Roman law.
• Provides information about a particular book/study.

Paulus

• Explains a principle of Roman law regarding avoiding the letter of the law while ignoring its spirit/actual intent.

Ulpianus

• Discusses the definition of justice: Justice is a continual and permanent determination to grant everyone what is due to them under the law.

Characteristics of Common Law

• Distinguishes common law from Roman legal tradition (procedure, formulation, and three categories)
• Highlights that laws are valid when applied by Courts.

Common Law, Anglo-Saxon Law Family

• This section describes the aspects of Common law

Socialistic Law Family

• Focuses on the origins and characteristics of socialist law;
• Emphasizes the political element, hierarchy, and guarantees, concluding with a reference to the lack or insufficiency of these factors (short fall).

Religious-Traditional Law Family

• Includes legal systems based on religious traditions, such as Islam, Hinduism, and Japanese culture.

Hungary

• Mentions Hungarian Law.

Introduction to Hungary

• Details Hungary's legal system as an independent democracy, governed by Fundamental Law from Jan 1st, 2012.
• The system is based on a principle of the division of powers, with Parliament as the supreme legislative body, the executive branch being the government and the judiciary being courts

Introduction - continued

• Hungary's legal system is based on civil law, wherein courts directly interpret legislation.
• Sources include Acts of Parliament, government and ministerial decrees, and local governmental decrees, all published in the Official Gazette.

Constitution

• Describes Hungary's Fundamental Law as the supreme law in the country, succeeding the 1949 Constitution.
• Subsequent amendments to the Fundamental Law took place in 2012 and 2013.
• Government's obligation to present laws necessary for enactment to Parliament is mentioned.

Constitution - continued

• Hungary's constitution covers state administration, local government, and rights and duties of citizens.
• It mentions the Parliament, President of the Republic, Government, Constitutional Court, courts, the Prosecution Service, the Commissioner for Fundamental Rights, local governments, public finances, the Hungarian Defense Forces, and the police, as well as national security services.

Parliament

• The Hungarian Parliament serves as the country's national assembly with a unicameral structure.
• It is a legislative body with significant law-making power (extensive). Elections for MPs and members are decided in popular votes.
• Members and parliamentary committees have the right to initiate legislation.
• Laws are promulgated in the Magyar Közlöny
• Legislative oversight is through interpellations and committee sessions (including standing and temporary committees).
• Decisions made require over half of MPs to vote in affirmative in standard cases, but require two-thirds of votes for constitutional amendments.

The President of the Republic

• The President is elected by a secret ballot in Parliament for a 5-year term, possibly eligible for one additional term.
• Traditional roles of the President are outlined concerning relations between the legislative, executive, and judicial branches of government, including appointment of judges and power pardons.

The president of the republic - continued

• The presidential role in international relations (concluding treaties and agreements), requires a prior agreement of Parliament, if the topic is under legislative competence.

The Constitutional Court

• The Constitutional Court exists in Hungary since 1989, established by Act I of the Constitution.
• Constitutional Court members are elected for 12 years in two-thirds (2/3rds) majority of MP votes, selected by Parliament.
• Its function is overseeing the constitutionality of laws.
• Disputes or matters deemed unconstitutional are annulled.
• Private citizens or individuals may initiate proceedings in certain cases defined by law.

The Constitutional Court - continued

• In accordance with the law, the court's main duties include interpreting Fundamental Law and supervising the constitutionality of laws—including reconciling differences between domestic and international law, establishing public responsibilities of state officials, and establishing public jurisdiction of municipalities and local governments.

The Commissioner for Fundamental Rights

• The Commissioner for Fundamental Rights and deputies are elected by MPs with a two-thirds majority.
• Deputies ensure protection of rights of future generations and nationalities in Hungary.
• The duty includes overseeing the constitutionality of proposed laws, and the Commissioner is empowered to initiate the procedure where fundamental rights are in jeopardy

The Commissioner for Fundamental rights - continued

• The Commissioner is responsible for protecting rights violations, in cases where fundamental rights are in jeopardy.
• Individuals may initiate procedures, and the Commissioner can initiate decisions to remedy improprieties of concerns regarding the protection of fundamental rights.
• The most vulnerable social groups and interests of future generations are of interest to and protected by the Fundamental Rights Commissioner.
• The commissioner is responsible for ensuring the protection of children, nationalities, and vulnerable social groups of the country and the values determined in interest of the future generation.

The Commissioner for Fundamental Rights—continued

• The Commissioner’s roles include initiating Constitutional Court review, to measure conformity between the formulated law and the Fundamental Law principles, and presenting a periodic report to the Parliament, which includes annual reports on the current situation (regarding fundamental rights) in the country,

The Government

• The Government consists of the Prime Minister and government ministers.
• Procedure includes election by majority vote in Parliament.
• The Prime Minister proposes the Ministerial composition which is appointed by the President.
• The Government issues decrees and international agreements.
• Ministries are headed by a single minister, whose department's leading official also serves as minister of state.

The Government - continued

• The Government takes essential actions to ensure public security, establishing public order.
• It formulates laws/guidelines/decrees (signed by Prime Minister), and ensures no conflict with existing laws or other decrees.
• Government decrees/resolutions are published in the Official Gazette.
• Government consists of various ministerial sections led by particular members, and the State Secretary directs the co-ordinated operation of the Ministry

Governmental Bodies

• This section lists several Hungarian government bodies/ministries, including the Prime Minister's Office, Ministry of Defence, Ministry of Foreign Affairs, Ministry of Human Resources, Ministry of Interior, Ministry of National Development, Ministry for National Economy, and Ministry of Public Administration and Justice

Local Governments

• The country's administrative areas consist of 19 counties and a capital.
• Local governments are autonomous in managing local affairs.
• Local representative bodies elect members for five-year terms.
• Local laws must not contradict higher authorities' legal provisions

The Judiciary

• The President of the Curia is appointed by MPs through proposal from the President of the Republic, subject to a two-thirds majority approval.

Law Faculties or Institutes in Hungary

• Provides a list of law schools/faculties.

Sources of Legal Literature

• The Hungarian Parliament Library holds over 800,000 legal items as the national specialized legal library/information center.

Main Information Sources: Databases of Hungarian Legal Literature

• Parliamentary Library’s digital databases provide bibliographical information, book reviews, periodical articles, and essays (related to Hungarian law).
• Specific selection/compilation of legal periodicals is also mentioned

Databases of Hungarian Legal Literature—continued

• Database I ranges from 1867 to 1944.
• Database II spans from 1945 to 1979, and includes select material.
• Database III covers 1980-1989.
• Database IV (1990 onward) includes interdisciplinary subjects and information on laws, articles, and legal periodicals from the period of 1990 onwards covering laws, and social science.
• Database V (1990-1994) provides a select bibliography of legal literature on CD-ROM.
• Database VI (1949 onward) contains Old Hungarian Statutes (Corpus Juris Hungarici), published on CD-ROM.

Databases of Hungarian Legal Literature—continued

• Databases provide access to current, updated laws, decrees and international agreements through the official Gazette, and online via digital resources.

Important webpages

• List of relevant websites to obtain legal information

Databases V

• Statutes enacted by Parliament since 1990 are accessible with search options

Printed Collections of Laws

• Describes a specific printed collection that includes statutes and international agreements.

Legal Glossary

• Lists and defines legal terms (with explanations from a presentation about the Lockerbie trial)

Criminal Law Glossary

• Covers terms pertinent to criminal law
• Including definitions/explanations for terms like actus reus, mens rea, appeal, arraignment, bail, capital punishment
• Defining civil vs. criminal law, crime, concurrent jurisdiction, and specifying offenses,
• Explicating some specific offenses (or crimes)

Criminal Law Glossary II

• Provides details about Bail
• Explains capital punishment and specifics of civil vs. criminal law relating to punishment

Criminal law glossary III

• Criminal law involves cases for committing crimes, with specification for misdemeanors and felonies.
• Cases involving juvenile delinquency may be dealt with, and prosecutor has option to place in general criminal court.

Criminal Law Glossary IV

• Topics covered include driving under influence of drugs and/or alcohol (DUI) defined as criminal offense in U.S.
• Embezzlement - misappropriation of funds from entity for own use
• Extortion - Threats or coercion to gain money or other value.

Criminal law Glossary V

• Federal Courts handle both civil and criminal cases.
• Specific offenses are mentioned - (felony, fraud). Fraud is deception to obtain something from others, including fraud in financial areas.

Criminal law Glossary VI

• Juvenile delinquency- Criminal acts by persons under 18.
• Larceny- theft, grand vs. petty larceny
• Misdemeanor- crimes punishable by a year or less imprisonment in a county jail or fine.

Criminal Law Glossary VII

• Price fixing- business arrangement to control/manipulate price
• Reasonable doubt - required level of certainty for conviction in criminal case
• Securities fraud— misrepresenting something

Criminal law Glossary VIII

• State courts—handling cases under U.S. laws
• Waiver and transfer: when criminal cases may be tried in different courts (juvenile vs adult), including the process. Discusses "white-collar crimes".

Main types of legal acts

• Discusses "Alaptörvény" (fundamental law) as the highest ranked legal act in Hungary, including basic rights and obligations of citizens, including an overview/summary of the regulations of the system's principal rules.
• Outlines that other legal acts cannot contradict the fundamental law.

Törvény (Act)

• Acts are at the second hierarchical level under the Fundamental Law, determining rights and obligations.
• They are passed/adopted/amended/repealed by the National Parliament of Hungary.

Rendelet (Regulation)

• Regulations are based/support legislation, issued by governmental entities in compliance with existing statutes.

Határozat (Decision)

• Decisions refer to parliamentary and governmental decisions on projects, competence, and governing, including projects.

Utasítás (Order)

• This refers to orders issued by ministers, exercising executive powers dictated by law, to regulate activities of specific bodies under their respective authority.