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Az emberi jogok eszménye, ahogyan ma ismerjük, döntő mértékben a nyugati civilizációhoz kötődik, amelynek mai képét különböző impulzusok formálták. E szellemi, világnézeti és intézményi összetevők közé tartozik az antik világ görög filozófiai, zsidó vallási és római jogi öröksége, továbbá az egyetemességre törekvő keresztény etika, valamint az ész uralma mellett elkötelezett felvilágosodás és ennek nyomán a klasszikus liberalizmus eszmeisége. Ezek a vallási és szekuláris gyökerű, illetve indíttatású hatások vezettek az egyik legfontosabb európai vívmány, az elidegeníthetetlen emberi jogok koncepciójának a megszületéséhez....
The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.
This conceptually synthetic and empirically rich book demonstrates the vulnerability of democratic settings to authoritarianism and populism. Six scholars from various professional fields explore here the metamorphosis of a political party into a centralized authoritarian system. Viktor Orbán and his Fidesz party needed less than ten years to accomplish this transformation in Hungary. In 2010, after winning a majority that could make changes in the constitution – two-thirds of the parliamentary seats, they evolved and stabilized the system, which produced again the two-thirds majority in 2014 and 2018. The authors reveal how a democratic setting can be used as a device for political captu...
The current discussion on the rule of law, especially in the EU, seems to be developing because the terms that express the idea of the rule of law in different European languages do not convey the same content. The rule of law, der Rechtsstaat, l'état de droit, to name just three language versions, were coined in different historical contexts and within different traditions of political thought. The question then becomes, to what extent is diversity in the understanding of the rule of law still legitimate today? The answer is sought in the book we have edited, whose authors are academically recognized individuals representing these different traditions of legal and political thinking. The p...
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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evol...