area. Consequently, scientific truth is not an objective category, but it is always an institutionalised consensus of a scientific community existing in a certain era and place. 1 In this study, I examine the paradigms of local self-government and
In the Hungarian legal system-after 50 years-, formerly known legal institutions (such as self-governments, private companies, public institutions) reappeared. These legal institutions are independent of the state, they have their own revenues and properties. Thus the possibility of their insolvency was brought up naturally. The Hungarian legal system does not provide an unambiguous definition of public institution. However, with an eye to foreign legal solutions and the Hungarian specialities, we can formulate the concept of public institution which includes organs that are actually separated from the state, that have autonomy, legal personality, independent budget, their own booking (accounting), and that perform tasks of public utility. These criteria are met by three types of organs: self-governments, public bodies, public funds. However, legal regulations concerning these types are not homogeneous. After 1990, when public institutions were established, the state drew back from several public functions and has striven to withdraw itself from the responsibility for inadequate financial administration ever since.
The Article gives a general overview of the Hungarian constitutional and legal framework for the participation of national minorities in the decision-making. The relatively low number of people belonging to national minorities in Hungary as well as the scattered patterns of their settlement and some aspects of the Hungarian legal traditions underlie the choice of the so called personal autonomy approach. The minorities can establish via a special electing mechanism local and national self-governments enjoying consultative and truly public law type rule-making and administrative competences. Having given the proper interpretation of the relevant article of the Constitution, the Constitutional Court also contributed to the birth of the Act on the Rights of Minorities. The basic reason behind the creation of a very complicated, multilevel institutional complex is that in this way, educational and cultural needs of minorities of different scale can be represented in a relatively coherent manner. This does not exclude at all the possibility of bringing modifications to the legal text in the light of a decade's experience.
In 2014 there were three elections in Hungary: the election of Members of Parliaments, the election of members of the European Parliament, furthermore, the elections of representatives and mayors of municipalities and of representatives of national minority local self-governments. The Hungarian Parliament passed a new act on electoral procedure in 2013 and we have had a new Criminal Code since 2012. This study examines a new legal institution, the recommendation sheets, which raise many questions, including criminal liability. The main theme of the study is the misuses related to recommendation sheets.
The 2009 publication of J. Scott’s epoch-making book, The Art of Not Being Governed. An Anarchist History of Upland Southeast Asia initiated a long-standing debate about the ethnohistory of the Southeast-Asian Highlands (“Zomia”) and, more generally, about lowland-highland relationships, “nativeness”, state evasion, self-government, and “secondary primitivism”. This article joins the discourse based on one concrete ethnographic example, the Bru, a Mon-Khmer speaking dry-rice cultivator hill tribe in the Central Vietnamese Highlands. Using detailed ethnographic and ethno-historic data, it argues that the Bru are, if not “native”, at least the oldest known inhabitants of the area inhabited by them — a fact that does not contradict Scott’s deep insight concerning their state evasion.
The essay analyses the process of privatization in the transitional period. In the early 1990's, the privatization of the competitive sphere in Hungary meant the purchase of state-owned companies. Besides the legal background, the essay gives an overview on the political aspects of privatization. The next step was the privatization of public services in the middle of the 90's. The privatization of the sector of public services is peculiar as privatised public services remain under governmental control even after their privatization: public administration is responsible for the continuity of the service, for its general accessibility and its quality. The essay deals with the issues of the application of law in this respect. The privatization of the welfare sphere was primarily characterised by the retreat of the state without applying alternative methods like initiating the participation of non-profit organizations. In the analyses of the privatization of the welfare sphere, the essay deals with the principles of privatization, as well as the constitutional problems involved and the conflicts of the central government and the self-governments.
A cikk a társadalmi mozgalmakkal foglalkozik. Azt vizsgálja, hogy az ifjúsági
társadalom elmúlt negyedszázadában milyen mozgalmi csírákat azonosíthattunk. A
fogalmi magyarázatot követően a cikk arra koncentrált, hogy ezek a mozgalmak
milyen sikereket, kudarcokat értek el, és miként befolyásolták az ifjúság
általános beállítódását. Nyilvánvalóan fontos e téren az országos hallgatói
képviselet és az alternatív hallgatói mozgalom, leginkább a HaHa és ennek
középiskolai változatának elemzése. Érdekes, és külön vizsgálandó kérdés, hogy
az ifjúsági társadalom nyertes és vesztes csoportjaiban azonosított két
szubkultúra, a kuruc.info és a Critical Mass tudott-e mozgalommá fejlődni, és ha
igen, hogyan változtatta meg a magyar fiatalok politikai közgondolkodását.
In 1918, Slovenia became a constituent part of Yugoslavia. After the Second World War, Yugoslavia was reconstituted as a socialist state. When the attempts to turn Yugoslavia into a democratic country failed, Slovenia decided to become independent. As it is reflected in its new Constitution (1991), Slovenia is designed as a parliamentary republic, as a unitary state with local self-government and is strives to become a social state. During the transition from socialism, Slovenian law faced numerous challenges like the privatization of economy. The political and legal transition is still taking place. Hopefully, the entry to the European Union will give it new dimensions. Between the two world wars, Slovenian legal science was especially influenced by Austrian-German legal positivism; although the legal-comparative, sociological and axiological methods were important as well. After the Second World War, in some critical periods an apologetic legal positivism gained the upper hand in certain areas. On the other hand, new legal institutes and departments furthered the development of new sciences (criminology, sociology of law, political economy, public administration). New scientific areas emerged (comparative commercial law, comparative labour law and the law of the European Union). Some legal sciences (like criminal law) have been enriched by additional (sociological, axiological and comparative methods) methods.