The relationship between shadow education and competition has been discussed and studied widely by educational experts and policy makers in Japan. One major topic has been the role that shadow education plays in social inequality by creating winners and losers. Another is related to competition and students' psychological health; and a third concerns the cause-and-effect relationships between cram/preparatory schools and competition. The present paper focuses on students' perspectives and describes an empirical study carried out with 211 Japanese senior high school students and 145 university students. The students answered open-ended questions about their cram/preparatory school attendance, and were asked to describe how they perceived the relationship between cram/preparatory schools and competition. The free descriptive answers were content-analysed and categorized. The majority of the respondents not only saw a relationship between the two but also listed a number of functions that increased students' competitive advantage. Educational experts' and sociologists' common criticism that shadow education has detrimental effect on fairness or equal chances in education was hardly at all expressed. Relatively few students expressed doubts or emphasized the negative or harmful side of cram/preparatory school attendance and competition. The results call the attention to the importance of studying different aspects of shadow education more in-depth from the direct “users'” i.e, the students' perspective as well.
Research on private supplementary tutoring, widely known as shadow education, has a long history but only gathered intensity during the present century. This research has shown much diversity in the scale and nature of shadow education, but further mapping and analysis is needed to reduce gaps in understanding and to keep up with changes. The collection of articles in this special issue of the journal presents insights from parts of Africa, Asia and Europe; and this introductory essay juxtaposes these insights with Hungarian research. The domain of shadow education has many tensions, with both positive and negative implications for individuals, families, the field of education, and societies as a whole. International research helps with understanding these tensions, and in due course with appropriate action to address them. In the process, much can be learned from counterparts in different systems, countries and cultures, not only about the nature and impact of shadow education but also about methodological approaches to research.
Viruses can be found everywhere, they are part of the real life of humanity. Air travel is the youngest form of geographical movement, which has become an attainable reality for everyone at the expense of extraordinarily huge efforts and sacrifices. The two realities collided at the end of 2019 and then on 11 March 2020 via the declaration of COVID-19 to be a world pandemic changing the world as known. This paper introduces these two realities and researches their legal relations.
Primarily, this paper seeks answers to the question whether pursuant to the Montreal Convention (1999) regulating the liability of the air carrier for damages an event or occurrence deriving from the disease or state of health of the passenger taking place during the operations of embarkation or disembarkation or on board the aircraft is deemed to be an accident. What extent of liability does the state of health of the passenger impose on the contracting parties pursuant to the rules of the Convention and according to legal practice?
An answer is provided by unfolding the conceptual elements of accident via legal cases. This introduces the significance of the internal regulations of the air carrier; the situation of passengers in need of special care; examines the existence of medical certificates and deals with the responsibility of the crew for the treatment of acute situations deriving from the state of health of the passenger (heart attack, thrombosis, virus infection etc.)
The answer is logical. Pursuant to the Convention, the event or occurrence deriving from the state of health of the passenger does not qualify as accident, consequently, the air carrier shall not liable. However, if in the facts of the concrete case a cause and effect relationship exists between the occurrence of the accident and the negligent conduct of the air carrier, the liability of the air carrier for damages can be established.
The study introduces the system of conditions of the liability for damages in full detail, and the causal link producing an accident. The author makes recommendations for and outlines solutions in awareness that despite all real efforts, mankind has not learnt the lesson that the virus is in a winning position.
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.
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.
On 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.
The author examines the tension that exists between the various components of the separation of powers (in particular the ideas of independence and separation, and the system of checks and balances). He analyses different ways of solving them. Attention is paid, for example, to attempting to supplement the separation of powers with some other normative thesis. The author rejects previous approaches and argues that the components of the separation of powers can be understood as separate principles. Conflicts between these principles should be resolved through proportionality.
Courts conducting constitutional review do not work as ‘ivory towers’ any longer: they are part of the global dialogue on constitutional ideas and thoughts. This dialogue includes an exchange of experiences with fellow constitutional and apex courts, as well as the close observation of developments in foreign constitutional and legal systems, scholarship, and international trends. The Constitutional Court of Hungary has been an active participant in this dialogue since the Court's establishment in 1989, albeit with varying levels of intensity and goals. Moving beyond the often anecdotal observations in this field, the paper aims to conduct a deep analysis of how the Court uses comparative law in its work (during the preparatory phase and the drafting of final decisions) and examines the factors that may influence the Court's practice in this area. Such a clear overview can assist proponents of the use of comparative reasoning to contravene the increasing amount of criticism of the practice's legitimacy and selectivity.
Összefoglaló. Az okoseszközök, az internet használata egyre
fiatalabb életkorban jelenik meg a gyermekek körében. Az online környezet
sajátosságairól, a szocializációra, valamint más tényezőkre gyakorolt negatív
hatásairól már számos kutatás számolt be, azonban a tanulók
kortárskapcsolatainak alakulásáról eddig kevés elemzés született. E pilotkutatás
felhívja a figyelmet az offline-online jelenlét, valamint a kortárskapcsolatok
összefüggéseire, az azzal járó lehetséges veszélyekre, melyek most különös
jelentőséggel bírnak, hiszen a digitális oktatás bevezetése óta még több
gyermeket érint az online jelenlét.
Summary. Nowadays, smart devices and the internet among children
appear at younger ages than they did a few years ago. The particularities of the
online environment, the social, and other negative effects are the topics of
several studies, but very few focused on these effects on students’
relationships. Our pilot-research highlights the connections between offline and
online relationships and the potential dangers caused by the online presence of
children at a young age, which is even relevant since the beginning of the
digital online education caused by the pandemic when even more primary-school
children joined the online platforms.