scholarly journals Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary

2021 ◽  
Vol 22 (7) ◽  
pp. 1282-1297
Author(s):  
Mátyás Bencze

AbstractThe Hungarian judiciary has reacted to the political change of recent years in a twofold way. Some judges have resisted political pressure and decided cases according to the law and their conscience, while others, showing the signs of judicial populism, have deferred to the interests of the government. The paper explains the relationship between this twofold behavior and the bureaucratic tradition of the Hungarian justice system. The conclusion is that the bureaucratic model of organization has certain features that can make judges more resistant to political pressure, while other elements of the model can lead to judicial deference. Nonetheless, these latter elements are not necessary components of the ‘Weberian’ justice system.

2014 ◽  
Vol 26 (3) ◽  
pp. 271-287
Author(s):  
Amanda Eubanks Winkler

AbstractThis article analyses the complicated and conflicted critical response to Andrew Lloyd Webber’sThe Phantom of the Operawithin the political, economic and cultural context of the Thatcher/Reagan era. British critics writing for Conservative-leaning broadsheets and tabloids took nationalist pride in Lloyd Webber’s commercial success, while others on both sides of the Atlantic claimed thatPhantomwas tasteless and crassly commercial, a musical manifestation of a new Gilded Age. Broader issues regarding the relationship between the government and ‘elite’ culture also affected the critical response. For some,Phantomforged a path for a new kind of populist opera that could survive and thrive without government subsidy, while less sympathetic critics heardPhantom’s ‘puerile’ operatics as sophomoric jibes against an art form they esteemed.


2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 


2009 ◽  
Vol 49 ◽  
Author(s):  
Ciska Raventós Vorst

RESUMEN: Este artículo analiza el proceso de cambio político que se inició en Costa Rica en 1998 y que aún no concluye, ubicándolo en el contexto de la historia política de la segunda mitad del siglo XX. Revisa luego las explicaciones que se han dado para el brusco quiebre en el comportamiento electoral de 1998, analiza la relación entre abstención y declive de los dos partidos tradicionales en el período 1998-2006 y se detiene a estudiar algunos rasgos del comportamiento electoral de los ciudadanos en el 2006. Concluye planteando una interpretación preliminar sobre el momento político en que se encuentra el país.ABSTRACT: This article analyzes the process of ongoing political change that has taken place in Costa Rica since 1998. It is analyzed in the context of the political history of the second half of the 20th century. This article reviews the explanations of the sudden shift in electoral behaviour in 1998, analyzes the relationship between electoral abstention and the decline of the two traditional parties between 1998 and 2006, and it studies some characteristics of voting behaviour in 2006. The paper concludes with a preliminary interpretation of the current political situation.


2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.


2019 ◽  
pp. 61-102
Author(s):  
Angela J. Aguayo

While the documentary genre has frequently been conceptualized as a democratic tool with civic potential, the ways popular advocacy documentary functions in the process of social change is unclear. We need more information about the relationship between documentary agitation and collective organizing for social change, as well as about how this function shifts with the visibility of popular attention. Mainstream commercial culture is more than at odds with a commons of democratic exchange. The advocacy film is a time-honored tradition in documentary history, made specifically for the aims of democratic exchange. This type of film is produced for political causes by activists or advocates who are not closely connected with the government or decision makers. Often the director is constructed as a central creative force. Central figures usually function as surrogates for the film in public interviews and engagements; the speakers are often connected to sponsoring organizations. In this chapter, I first address the historical linage of popular documentary and its movement from the vernacular to the popular. Then, I examine the ways popular advocacy documentary in popular form has morphed in recent years, providing insight into the potential of the genre to make contact with the political structure.


2021 ◽  
pp. 160-196
Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Teng Biao

This chapter explores the psychology of resistance that explains why and how some people refuse to back down, acquiesce, accommodate official lies, and reach arrangements with the system. In a largely “neo-totalitarian” system like that of China today, the problem is no longer naked fear such as might be induced by a tyrannical regime. Rather, it is the ability to avoid thinking, “that hard-to-attain confusion” that allows people not even to be aware of their deep-down anxieties and constraints. While some observers believe that the government has won legitimacy in the sense of wide social acceptance of its rule, this analysis leaves no room for such a comforting conclusion. There is no doubt that political change will come eventually — “you can destroy the flowers but you can’t prevent spring”.


Author(s):  
Timothy Endicott

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


2020 ◽  
Vol 22 (1) ◽  
pp. 211-240
Author(s):  
Adam Chilton ◽  
Jonathan Masur ◽  
Kyle Rozema

Abstract We investigate the role that political ideology plays in the selection process for articles in law reviews. To do so, we match data on the political ideology of student editors from 15 top law reviews from 1990 to 2005 to data on the political ideology of the authors of accepted articles. We find that law reviews with a higher share of conservative editors accept a higher share of articles written by conservative authors. We then investigate potential explanations for this pattern. One possibility is that editors have a preference for publishing articles written by authors that share their ideology. Another possibility is that editors are objectively better at assessing the contribution of articles written by authors that share their ideology. We find evidence that the latter explanation drives the relationship between editor and author ideology.


Sign in / Sign up

Export Citation Format

Share Document