From Justice to Jurisdiction Cover Image

Az igazságtól az igazságszolgáltatásig
From Justice to Jurisdiction

Author(s): Attila Varga
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law
Published by: Korunk Baráti Társaság
Keywords: jurisdiction; justice; fair trial; public hearing; constitution; state of law; human rights

Summary/Abstract: The study analyses jurisdiction both as an institutional system that fulfils one of the fundamental roles of the state and as an independent branch whose framework is provided by the theory of law and constitutional law. The author details the inner connections between jurisdiction and justice, examines the multilayered meanings of justice, and also the manner and extent to which justice is present in the judicial practice. The study aims to answer the cardinal questions of whether the judicial branch of the state is a truly independent branch, what are its characteristics, and how does it relate to the legislature and the executive branches. The second part of the study investigates the overriding principles of a quality jurisdiction, namely the right to a fair trial and public hearing. The analysis follows the development and transformations of these principles within the given constitutional framework. The major conclusion of the study is that the state must ensure, through the supporting legislation and the judicial branch, the delivery of a correct, fair, effective and predictable jurisdiction, as this constitutes a prerequisite for any state of law, an instrument to guarantee the respect of human rights. Equally, the proper functioning of jurisdiction is in the best interest of each member of the society.

  • Issue Year: 2012
  • Issue No: 07
  • Page Range: 102-109
  • Page Count: 8
  • Language: Hungarian