Közös évek a jogállamiság szolgálatában
In this article the Author analyzes his professional links with the Celebrated, professor of law and former colleague at the Constitutional Court, Dr. Ottó Czúcz. Their relationship is demonstrated thourgh analyzing their dissenting opinions attached to Constitutional Court judgment 39/1999. (XII. 2...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2016
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
79 |
| Kulcsszavak: | Alkotmányjog - magyar |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/53921 |
| Tartalmi kivonat: | In this article the Author analyzes his professional links with the Celebrated, professor of law and former colleague at the Constitutional Court, Dr. Ottó Czúcz. Their relationship is demonstrated thourgh analyzing their dissenting opinions attached to Constitutional Court judgment 39/1999. (XII. 21.) Ab határozat. The Author of the paper concluded the followings by conceptualizing the Celebrated’s argument in his dissenting opinion: a)Everyday, political, ‘case-by-case’ considerations may not overrule those aspects that guarantee foreseeability and faith of legal institutions. b)Mere political reasons cannot provide a sufficient ground for the retroactive change of rules that guarantee stable, continuous and foreseeable operation. (Objective measures overrule subjective considerations.) c) Twitting the latter to this: personal directives and decisions without a conceptual basis serving mere day-today political interests that are often transformed into positive legal form, shakes the faith in a democratic rule-of-law state. d) The end does not justify the means. e) Professor Czúcz’s dissenting opinion rightly point to the considerations of Constitutional Court judge Vörös: ‘defenselessness to political compromises that take the place of objective tests and measures lead to the result that lifting pensions becomes an act of grace’. f) Judge Czúcz Ottó foresaw the future in his conclusion: ‘the Constitutional Court should have annulled the rules that shocked the balanced structure of the pension system if it were sure that such rules will not applied in the future. I cannot see the guarantee for the latter’. This guarantee is not seen by the Author – and not on this field, but neither in other fields of law-making. |
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| Terjedelem/Fizikai jellemzők: | 373-390 |
| ISBN: | 978-963-306-479-5 |
| ISSN: | 0324-6523 |