Az igazságszolgáltatás átalakításának vitái a rendszerváltás időszakában

Révész, Béla: Az igazságszolgáltatás átalakításának vitái a rendszerváltás időszakában. In: Acta Universitatis Szegediensis : forum : acta juridica et politica, (8) 2. pp. 323-367. (2018)

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Abstract

The post-Communist transition is a new, unknown political change of history, where not only the earlier dictatorical political system is replaced by a more liberal and democratic one but also the collectivized and centrally planned economy is replaced by a markel economy based on private ownership. Successful transition means the establishment of democratic system based on human rights, and a return to capitalism in the countries of the region. In Hungary by the summer of 1989 the opposition began to jell. In National Roundtable Negotiations, they extracted concession after concession from the party regarding the shapes of the new party-law, the new Constitution, and the political process Hungary was to include as the firmament of its new political structure. In fact, what was called the roundtable actually was triangular. One side was occupied by the ruling communist party, which later has changed its name to the Hungarian Socialist Party, reflecting its strong reformist inclinations. The second side of the triangle was occupied by the main opposition parties at that time, led by the Hungarian Democratic Forum, the Alliance of Free Democrats, the Young Democrats, and the Smallholders Party. The third side was occupied by other organizations influantial in Hungarian society – primarily labour unions. What type of political regime do we really want; what is meant by political democracy; what could be the ideal political value-system for the country and for the people? These were the main issues in the negotiations at the National Roundtable between the power elite and the opposition forces, when a new, democratic system was first formulated. The Communist party, ever on the defensive, had to yiled greater and greater concessions to the opposition, the new political structure of the nation must be firmly ground ín democracy. However, the Rule of Law and the democratic state was being born again. Finally the Parliament proclaimed Hungary an independent republic. A new and practically democratic constitution was promulgated, and Hungary began to take the first real step on the road to a multy-party democratic system. The political transition in 1989-90 created the basis of the rule of law in the country and gave rise to a gradually evolving reform in jurisdiction. To understand the significance of the judicial reform one has to be familiar with the previous structure of judicial administration, most importantly with the fact that in conformity with the socialist state model the judiciary and the executive were closely interwoven. Apart from the Supreme Court, whose president was elected by Parliament, the connection between the executive and the judiciary in the case of all other courts was ensured by the Minister of Justice. The control and administration of the county and local courts fell under the competence of the Minister, thereby dividing the theoretically single judicial system in administrative matters. The professional guidance of adjudication was a responsibility of the Supreme Court, however, within the framework of its right to supervise the functioning of the courts, the Minister of Justice continuously examined and guided the professional judicial activity of the courts as well. In Hungary the process of transition was more elaborate and longer than elsewhere and concluded from conscious political thinking and not that much from spontaneity and the storm of indignation. From among the East-Central European countries that started their way towards democracy, it was only Hungary where the transition was a most thoughtful process. It was only the Hungarian elite – both new and old – which had the time and the possibility in the region to think about the questions. This feature of the transition was a major advantage and concluded both from the particuliarities of the previous regime and also from the political and legal cultural tradition of the country which prefers legal, moral and political values.

Item Type: Article
Other title: Debates of transformation of the judiciary during the regime change
Journal or Publication Title: Acta Universitatis Szegediensis : forum : acta juridica et politica
Date: 2018
Volume: 8
Number: 2
ISSN: 2063-2525
Page Range: pp. 323-367
Uncontrolled Keywords: Igazságszolgáltatás - Magyarország - 20. sz.
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Date Deposited: 2019. Jul. 23. 12:44
Last Modified: 2019. Jul. 23. 12:44
URI: http://acta.bibl.u-szeged.hu/id/eprint/61957

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