THEORETICAL QUESTIONS AND MODELS OF COURT ADMINISTRATION Cover Image

THEORETICAL QUESTIONS AND MODELS OF COURT ADMINISTRATION
THEORETICAL QUESTIONS AND MODELS OF COURT ADMINISTRATION

Subject(s): Law, Constitution, Jurisprudence, Public Administration, Public Law, Politics and law
Published by: Universitatea Nicolae Titulescu
Keywords: separation of powers; administration of justice; judicial independence; quasi jurisdiction; efficiency;

Summary/Abstract: The separation of public administration and the administration of justice took place in Hungary more than one and a half centuries ago in line with Act IV of 1869. Yet, we may still identify numerous necessary or expedient points of contact in the legal system between the two organizational forms. In public law thinking the administration of justice and public administration have been linked in multiple ways for centuries. There are substantial differences in terms of why and especially how the two branches of law examine the administration of courts, while European scholars of public law also think differently about the issue. In this paper, I aim to introduce exactly these segments: namely what the opinion of Hungarian scholars of public law has been about the separation and the interconnections between the two areas, moreover, the factors based on which they tried to separate the law application activities carried out by jurisdiction and public administration, as well as the theoretical questions that may arise in view of this in connection with the administration of courts.

  • Issue Year: XXIX/2022
  • Issue No: 1
  • Page Range: 36-49
  • Page Count: 14
  • Language: English