Prawo sędziowskie na Węgrzech
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Date
2013
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydawnictwo Naukowe Instytutu Filozofii
Title alternative
Judge-made law in Hungary
Abstract
Currently, there is a big discussion about judicial activism
in continental legal systems. This phenomenon is rather negatively
described, as the breaking the fundamental principle of separation
of powers.
In this paper, it will be demonstrated that, although Hungary
belongs to civil law system, where judges are not allowed to be
a lawmakers, actually they do make law. In Hungarian law, there
is a great number of cases when judges evidently make law. What
is more, their activism has a very positive impact on the whole
legal system; judges make law more just and uniform, and at the
same time enhance its certainty.
In the following parts of the paper, it will be described the lawmaking
role of judges, particular in legal fields such as: civil law,
criminal law, labor law etc.
Description
Sponsor
Keywords
Hungarian law, judges, lawmaker, separation of powers, judicial activism
Citation
Filozofia Publiczna i Edukacja Demokratyczna, Tom 2, 2013, Nr 2, s. 6-21.
ISBN
978-83-7092-158-3