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Case-based reasoning as a measure of constitutional adjudication

Remarks on the jurisprudence of the Hungarian Constitutional Court in defamation cases

Hungarian Journal of Legal Studies
Author:
Éva Boda-Balogh

Abstract

Case-based reasoning has high significance in constitutional adjudication. The constitutional courts of the Kelsenian model also follow their own previous decisions to develop their own case law, even if those decisions do not bind them formally. In the course of constitutional interpretation, to build coherent and predictable case law and determine constitutional principles and standards in a consistent way are also reasonable expectations of constitutional adjudication deriving from the rule of law. The paper analyses the case law of the Hungarian Constitutional Court from this perspective, regarding the criticism of public figures in defamation cases. It takes case-based reasoning as a measure of the case law of the HCC, reveals the tendencies and highlights the main problems associated with it.

Open access

Abstract

The ECHR is a general human rights convention, but it contains some provisions that have gained particular importance in the case law of the ECtHR regarding the human rights of children. Such a provision is, among others, Article 8 on the right to respect for private and family life, the interpretation of which has raised many questions in cases related to children born through international surrogacy. These questions have arisen in relation to the intended parents' standing to bring an application before the Court on behalf of the child, the criteria for ascertaining the interference of the respondent state with the child's right to respect for his private and family life, as well as the specific content of the requirements that must be met for the interference to be justified. By analysing these questions and the answers the Court gave to them, this article attempts to give an overview of the state's obligations to ensure the right of a child born through international surrogacy to respect for his private and family life in connection with the recognition of the parent-child relationship between the intended parents and the child.

Open access

Abstract

This article analyses an inclusive and participatory approach to regularising ‘Non-Asylum Seeking Unaccompanied Migrant Minors’ in Spain. The terminology is multiple; in this paper, the choice has fallen on Unaccompanied Migrant Minors with the acronym UMMs instead of UAMs, to be consistent with the doctoral thesis already defended in 2021. The term UASC, specific to unaccompanied migrant minors seeking asylum, was excluded. To fully assess the process, it is necessary to account for the following factors shaping their administrative situation: (a) how they reach adulthood, (b) whether they are in regular or irregular situations, and (c) the waiting time for obtaining regularity status and citizenship. This article reviews the gap between perspectives of legal protection, good intentions, and political restrictions.

The study has been carried out considering the results of qualitative research obtained through interviews with minors, staff members at reception centres, guardians, and immigration authorities. Particular attention is devoted to the limited number of resident permits granted to the UMMs. The methodology was enriched by desk research; most sources cited in the article are legal instruments and academic papers.

The different dimensions of regularization are analysed by paying attention to (i) residence permits and political rights; (ii) the role of guardianship in administrative regularization; and (iii) vulnerability related to the legal status of unaccompanied migrant minors. A comprehensive assessment is carried out based on children's rights and the social, institutional, and organizational contexts, as well as considering the policies which condition the protection milieu concerning migrant children and the practices at both general and operative levels.

Full access

Abstract

The present study aims to identify the most productive countries, journals, authors, institutions and the most used keywords in the field of special education during 2011–2020, based on the WoS database. The widespread effects of the papers and how they are related were analyzed with the bibliometric analysis method. The findings of the study showed that the USA is inarguably the most productive country, followed by England and Australia. On the other hand, there was a very strong positive correlation(r = 0.929) between the number of papers published by countries and their h-index, a similar finding was also found to be present between the countries' h-index and GDP per capita (r = 0.790). Moreover, it was found that the journals with the highest quartile (Q1 and Q2) in the field of special education published significantly more papers than the journals with the lowest quartile (Q3 and Q4). Matson, JL (USA), Sigafoos, J (New Zealand) and Lancioni, GE (Italy) were determined as the most prolific authors, respectively. Autism, intellectual disability, and Down syndrome were the phrases most frequently used as keywords. Our findings provide key information regarding the developments that the research direction of special education field has recently taken. This study also serves a potential roadmap for future studies.

Open access