The first comprehensive treatment in any language on the history of customary law in Hungary, starting with Stephen Werboczy's customary law code, the Tripartitum. This code influenced the composition, structure, and procedures of the courts and retained authority even when a parliamentary government was established in the nineteenth century.
This comprehensive treatment of the history of customary law in Hungary starts with Stephen Werbőczy's 16th-century customary law code, the 'Tripartitum'. This code influenced the composition, structure and procedures of the courts and retained authority even when a parliamentary government was established in the 19th century. Even after the establishment of a parliamentary form of government in the nineteenth century, a strong customary element attached to Hungarian law, which was amplified by the association of customary law with national traditions.
The series of The Laws of the Medieval Kingdom in Hungary, published by Charles Schlacks, Salt Lake City, distributed by CEU Press (to be ordered at [email protected]). The book contains the bilingual, Latin and English text of the Tripartitum that for well over three centuries lent shape to Hungarian law more than any enactment.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Hungary surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Hungary will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
The new Hungarian Basic Law, which was ratified on 1 January 2012, provoked domestic and international controversy. Of particular concern was the constitutional text's explicit claim that it was situated within a reinvigorated Hungarian legal tradition that had allegedly developed over centuries before its violent interruption during World War II, by German invaders, and later, by Soviet occupation. To explore the context and validity of this claim, and the legal traditions which have informed the stormy centuries of Hungary's constitutional development, this book brings together a group of leading historians, political scientists and legal scholars to produce a comprehensive history of Hungarian constitutional thought. Ranging in scope from an overview of Hungarian medieval jurisprudence to an assessment of the various criticisms levelled at the new Hungarian Basis Law of 2012, contributors assess the constitutions, their impacts and their legacies, as well as the social and cultural contexts within which they were drafted. The historical analysis is accompanied by a selection of original source materials, many translated here for the first time. This is the only book in English on the subject and is essential reading for all those interested in Hungary's history, political culture and constitution.
Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ
In 13th century, the Szeklers were granted a territory (Terra Sirulorum) on the eastern border of the kingdom of Hungary. These lands were donated by the king to the community as a whole, in exchange for the armed border guard service. The use of Szekler customary law, based on a military-judicial -- and most likely multi-ethnic – clan structure was confirmed by the Hungarian crown. Based on extensive archival sources from the 13th to 16th centuries, this fascinating book examines how customary law maintains complex structures of clan membership as a condition of access to judicial and military dignities, and how the Szeklers developed rules for land ownership and devolution. These documents recall legal principles in which the clan has pre-eminence over individuals, all free and equal before their laws. In this period, one can observe an evolution towards individual property, a factor of inequality, constantly shaped and limited by the Szeklers' determination to safeguard their freedom. This unique text is vital reading for scholars interested in Hungarian history, medieval law, and clan structures.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hungary provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hungary will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
