This article examines the tension between the constitutional obligation of judges to uphold rules of positive law and possibly conflicting standards of conduct arising from professional-ethical values. The theoretical analysis will be illustrated by the case of Hungary, an EU member state experiencing rule of law challenges since 2010 and where the 2018-2019 criminalization of homelessness exemplifies the studied tension. Inspired by the theories of Philip Selznick and Martin Krygier, rule of law will be viewed as a value that requires progressive realization and context-specific implementation. By contextualizing the relevant Hungarian constitutional framework with the content of the judicial code of ethics and judicial practice, it will be shown how the legitimate space for Hungarian judges to distance themselves from legislation possibly in conflict with rule of law values is reduced. Theoretical suggestions for addressing such rule of law regressions will be made. |
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Search result: 3 articles
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2020 |
Keywords | Judicial independence, Rule of law, Judicial ethics, Hungary, Criminalization of homelessness |
Authors | Petra Gyöngyi |
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Editorial |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2020 |
Authors | Elaine Mak, Anne Ruth Mackor and Iris van Domselaar |
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Article |
Legislation as a Catalyst of Irregular Migration |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2017 |
Authors | Balázs András Orbán |
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