Two Influential Concepts
Socialist Legality and Constitutional Identity and Their Impact on the Independence of the Judiciary
Bibliographic Data
| ID | 21971552 |
|---|---|
| Authors | Fruzsina Gárdos-Orosz, Fruzsina Gárdos–Orosz (0000-0001-7543-1567, Eötvös Loránd University, corresponding author) |
| Year | 2021 |
| Volume | 22 |
| Issue | 7 |
| Pages | 1327-1343 |
| Publication date | 2021-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2021.70 |
| OpenAlex | W3209712671 |
| Language | EN |
| Citations received | 4 |
In this Article, I suggest considering linkages of a theoretical, and continuities of a sociological nature between on the one hand, the concept and the practical use of socialist legality in Socialist Hungary—with particular regard to the period following the judicial reform of 1954—and on the other hand, the concept of constitutional identity as it has developed in the Fundamental Law in Hungary, with particular regard to the period since the 2011 judicial reform. The Article highlights surprising similarities in the politically determined legislative intention in these two periods to form embracing, quasi legal concepts, which in themselves seem to differ fundamentally, although the similarities in their nature and in the specific constitutional practice are attention-grabbing. The interpretation of the role of state institutions, and especially the judicial role, lead one to think that despite the explicit rejection of the Socialist era in Article U) of the Fundamental Law in Hungary, the new constitutional regime has familiar attitudes to the understanding of the rule of law and the role of the judiciary in promoting the enforcement of the new, supra legal concepts of a transformative nature, which, however, are filled in with the ruling political ideology, whether it be socialist legality or national constitutional identity
Ideology · Judicial Independence · Law and economics · Legislature · Political science · Politics · Principle of legality · Rule of law · Sociology · European and International Law Studies · European Criminal Justice and Data Protection · Judicial and Constitutional Studies · Law · Philosophy
| Citations per year | 1.33 |
|---|---|
| Citation span | 2023 - 2024 (2) |
| Highly cited | No |