scholarly journals The Protection of the Interests of Future Generations in the 10-Year-Old Hungarian Constitution, With Special Reference to the Right to a Healthy Environment and Other Environmental Issues

2021 ◽  
Vol 16 (31) ◽  
pp. 130-144
Author(s):  
János Ede Szilágyi
Keyword(s):  
Natural Resources ◽  
Environmental Issues ◽  
Future Generations ◽  
Constitutional Court ◽  
Healthy Environment ◽  
Open Questions ◽  
Christian Culture ◽  
The Common ◽  
Fundamental Law ◽  
The Right

The present study is inspired by the tenth anniversary of the new Hungarian Constitution, known under the name of Fundamental Law, which was adopted in 2011 and entered into force in 2012. In this study we analyse the ten-year old Fundamental Law and its constitutional practice with regard to the important challenges and tasks of the 21st century, namely how the protection of the interests of future generations and the environment are reflected in it. Particularly important elements of the study are (a) the institutional guarantees of the relevant provisions, such as the provisions relating to the Constitutional Court and the Advocate of Future Generations, (b) the concept of GMO-free agriculture in the Fundamental Law, (c) the theses of the Constitutional Court practice on the prohibition of retrogression and the precautionary principle, (d) new interpretative frameworks and possibilities arising from other values of the Fundamental Law, such as the provisions on Christian culture, (e) the open questions of interpretation of the Fundamental Law on waste and the environmental liability regime, (f) the priority protection of natural resources, which are the common heritage of the nation, and last but not least (g) the particularly forward-looking integration of the interests of future generations in the rules on public finances and national assets.

scholarly journals Fundamental Law pillars of sustainable agriculture

2020 ◽  
Vol 15 (29) ◽  
pp. 104-117
Author(s):  
Péter Hegyes ◽  
Csaba Varga
Keyword(s):  
Sustainable Agriculture ◽  
Natural Resources ◽  
Animal Species ◽  
Arable Land ◽  
Future Generations ◽  
Constitutional Court ◽  
Native Plant ◽  
Cultural Assets ◽  
The Common ◽  
Fundamental Law

The purpose of the paper is to introduce the legal practices of the Constitutional Court in connection with the ‘sustainability clause’ of the Fundamental Law in relation to natural resources. Subsection (1) of Article P) of the Fundamental Law is in the centre of the research, according to which: „Natural resources, in particular arable land, forests and the reserves of water, biodiversity, in particular native plant and animal species, as well as cultural assets shall corm the common heritage of the nation; it shall be the obligation of the State and everyone to protect and maintain them, and to preserve them for future generations.”

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

scholarly journals Interests of Future Generations, Environmental Protection and the Fundamental Law

2020 ◽  
Vol 15 (29) ◽  
pp. 7-22
Author(s):  
Gyula Bándi
Keyword(s):  
Sustainable Development ◽  
Precautionary Principle ◽  
Future Generation ◽  
The State ◽  
Future Generations ◽  
Special Focus ◽  
Constitutional Court ◽  
The Common ◽  
Fundamental Law ◽  
Primary Mission

The Fundamental Law of Hungary has a special focus on sustainable development, the protection of the interests of future generations and the common heritage of the nation. The ombudsman for future generation is a special and unique institution, responsible for the safeguard of these issues. The primary mission of the ombudsman is to remind the state, including all the state organs and levels, of this task and responsibility, also to propose legislation and to examine individual complaints. In this article we provide a breif overview of those part of the Fundamental Law, which are well-equipped by the decisions of the Constitutional Court. Among others is is clear from the above cases, that everyone has a three-fold obligation towards the interest of the future generation: conservation of options, conservation of quality, and conservation of access. These are supported by the principle of non-derogation and also by the wide interpretation of precautionary principle, in connection with the fundamental right to the environment.

scholarly journals Current tendencies of the development of the right to a healthy environment in Hungary in the light of the practice of the Constitutional Court in recent years

2021 ◽  
Vol 16 (31) ◽  
pp. 39-54
Author(s):  
Dávid Hojnyák
Keyword(s):  
Fourth Amendment ◽  
Constitutional Court ◽  
Court Decisions ◽  
Healthy Environment ◽  
Fundamental Law ◽  
The Right

In recent years, there have been several Constitutional Court decisions dealing with the right to a healthy environment and its interpretation. In these decisions, the Constitutional Court has further developed and partially renewed the content of the right to a healthy environment and its interpretation, which was necessary and justified following the adoption of the Fundamental Law of Hungary, and especially following its fourth amendment. Accordingly, the present study reviews the recent changes in the content and interpretation of the right to a healthy environment and the new tendencies that can be observed in this context by analysing the practice of the Constitutional Court of Hungary.

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

Gender and belief factors on attitude towards Social and Environmental Accounting (SEA)

2009 ◽  
Vol 6 (2) ◽  
pp. 51
Author(s):  
Salina Abdullah ◽  
Ern Chen Loo
Keyword(s):  
Natural Resources ◽  
Undergraduate Students ◽  
Environmental Issues ◽  
Environmental Accounting ◽  
Future Generations ◽  
Business And Society ◽  
Four Dimensions ◽  
Sustain Ability ◽  
The Relationship

Research on social and environmental accounting (SEA) has mainly concentrated on disclosure of SEA by corporate bodies, where investigations on ones attitude towards SEA are rarely discussed. SEA is a medium that develops relationships between business and society, community and nature. In addition, SEA involves a concept of sustain ability; where natural resources need to be sustained for the needs of future generations (Alhabshi et al., 2003). SEA also tries to recognise the role of accounting in sustainable development and the use of environmental resources. There are arguments that the young generations today are not fully aware of preserving these natural resources as well as handling social and environmental issues wisely. This perhaps link closely to their belief and cultural background. Hence, this paper examines the influence of gender and belief factors on the undergraduate students’ attitude towards SEA. Four dimensions of belief (fixed ability, quick learning, simple knowledge and certain knowledge) proposed by Schommer (2005) were adapted to analyse how belief factors have influence on their attitude towards SEA. An independent sample t-test was used to examine the relationship between gender and students’ attitude towards SEA. Spearmen’s correlation was employed to show the relationship between belief and attitude towards SEA. The results revealed that gender differences did not show influences on their attitude towards SEA. It was found that there is a significant relationship between belief and students’ attitude towards SEA. Students who believe on the importance of SEA tend to report positive attitude towards SEA. Perhaps findings of this study may provide some information on the SEA education and further be incorporated in the syllabus.

scholarly journals Towards Sustainable Strategic Management: A Theoretical Review of the Evolution of Management Perception

2019 ◽  
Vol 10 (4) ◽  
pp. 58
Author(s):  
Katarzyna Szymczyk
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Strategic Management ◽  
Social Care ◽  
Management Strategies ◽  
Environmental Issues ◽  
Business Environment ◽  
Future Generations ◽  
Economic Aspects ◽  
Environmental Interests

The article discusses issues related to the evolution of the concept of strategic management towards sustainable strategic management. In the literature, the idea of strategic management refers basically to the functioning of the organization and its activity in the economy. Currently, there is also an emphasis put on integrating environmental issues into the organization’s activities and taking care of the interests of the society, so the strategic management should combine economic aspects with ecological and social care in mind of future generations. A change of an approach from strategic management to sustainable strategic management assumes implementation of management strategies that will protect natural resources, reduce the harmful activity of enterprises on the environment and take care of current and future populations. Just as the business environment and the perception of environmental interests change, so the strategic management itself does, as a concept itself and as a guideline for the business’ functioning. Organizations following the idea of sustainable development, based on environmentally and socially friendly strategies, and aware of the consequences of their actions, here and now, are considered more productive and attractive, as well as stronger and more competitive. The evolution of general assumptions and approaches of strategic management changing within years towards the concept of sustainable strategic management enriched with the crucial environmental issues are discussed in this paper.

scholarly journals Constitutional protection of the environment with particular regard to the Hungarian, German, Italian and Belgian constitutional regulation

2021 ◽  
Vol 16 (31) ◽  
pp. 99-120
Author(s):  
Flóra Orosz ◽  
Noémi Suri ◽  
Renáta Hrecska-Kovács ◽  
Péter Szőke
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Environmental Protection ◽  
The Other ◽  
Future Generations ◽  
Constitutional Protection ◽  
Other Hand ◽  
The World ◽  
Fundamental Law

Environmental protection has become a burning issue which plays a more and more important role in the world. The aim of this study is to give a picture of the constitutional regulation of environmental protection which is the highest legal source of a nation. Besides the Hungarian Fundamental Law, the German, Italian and Belgian constitutions were examined in the study. On one hand, we looked into how environment is regulated in the constitutions, as a right (right to environment) or a state task or objective (protect the environment). On the other hand, we analysed how related regulatory subjects appear in the constitutions, such as natural resources, future generations and sustainable development.

scholarly journals Some Values and Guarantees in the Ten-Year-Old Hungarian Constitution, with a Look at the Constitutional Arrangements of the Countries Founding the European Integration

2021 ◽  
Vol 2 (2) ◽  
pp. 197-219
Author(s):  
János Ede Szilágyi
Keyword(s):  
Public Finance ◽  
European Integration ◽  
Living Conditions ◽  
Future Generations ◽  
Value Systems ◽  
Emergency Powers ◽  
The Family ◽  
Christian Culture ◽  
Fundamental Law ◽  
High Level

In this study, certain values and guarantee institutions of the Hungarian Fundamental Law are analysed in the light of the constitutions of the countries that have established European integration – Germany, France, Italy, and Belgium. Among the value systems, Christian culture and the family have been examined, while the study has also focused on the guarantees important for living conditions, such as strict public finance provisions, rules on emergency powers, and provisions guaranteeing a high level of protection for future generations and the environment. In addition to the analysis of the constitutions, the study makes several references to the jurisprudence of the countries concerned and to the most important aspects of constitutional developments in recent years.

scholarly journals Environmental Regulations (its Identification and Downstream Implementation in Bangka Belitung)

2021 ◽  
Vol 241 ◽  
pp. 05002
Author(s):  
Dwi Haryadi ◽  
Ibrahim Ibrahim ◽  
Darwance Darwance
Keyword(s):  
Literature Review ◽  
Environmental Regulations ◽  
Environmental Issues ◽  
Regional Level ◽  
Green Economy ◽  
Government Regulations ◽  
Strategic Issues ◽  
Healthy Environment ◽  
The Government ◽  
The Right

Article 28H and section (4) of Article 33 in the Indonesian Constitution guarantee every citizen the right to a good and healthy environment with green economy. In order to implement it, the government issued Law No. 32 of 2009 on Environmental Protection and Management. The environmental regulations that became the umbrella act are facing challenges both in substance and implementation. Substantially, questions remain whether the green constitution has been incarnated in this regulation, and how it positions itself as the umbrella act for a number of regulations. In implementation, the challenges include the availability of legislations, from government regulations to technical policy, and its implementation in regional level, both at the provincial and regency levels in Bangka Belitung Islands. In each regime, the environmental issues have always been a part of strategic issues. This research focused on identifying environmental regulations from upstream to downstream, and how they are implemented in the context of environmental issues due to tin mining in Bangka Belitung. Data were obtained through literature review using statute and conceptual approaches.

Sign in / Sign up

Export Citation Format

Share Document