A szakértők és a szakvélemény új helyzetének lehetőségei a büntetőeljárásban újfajta jogfejlődést biztosít-e az Alaptörvény a magyar jogrendszerben? /
The new Constitution of Hungary came into effect on 1st of January in 2012. This Constitution basically does not contain any new regulations that have bearings on criminal procedures and jurisdiction with the exception of the Article 28 which inspired to help the unification of law interpretation. T...
|Series:||Szegedi Jogász Doktorandusz Konferenciák
Az új alaptörvény és a jogélet reformja 2
|Kulcsszavak:||Alkotmányjog - magyar, Alkotmány - magyar, Büntetőeljárás, Büntetőjog|
|Summary:||The new Constitution of Hungary came into effect on 1st of January in 2012. This Constitution basically does not contain any new regulations that have bearings on criminal procedures and jurisdiction with the exception of the Article 28 which inspired to help the unification of law interpretation. The above referenced fundamental right regulations were refined and the organizational and functional principles that determines the jurisdiction came to equilibrium. In specific referenced domains of the cardinal laws were called to complete the regulations of Constitution with meaning. The declared to be important Act CLXI and CLXII of 2011 - from the point of view of this study - are also containing new regulations. Meanwhile the regulations that stated in the cardinal laws and the previously accepted law modifications exactly show a law creating intent that means the system of the law and the application of the law needs upgrades and a movement toward new ways. One of the ways could mean the opening toward the common law and judge made law that will change the procedure of the defending party with the invitation of the somewhat different but nonetheless important experts and especially the expert witnesses. The commitment of the Article XXVI of the Constitution toward the State could not only broaden the advocates’ authority and provide support to surface new natural science acquisitions in the court through the use of the referenced expert witnesses and helping the procedures of the judge but also placing it on more objective base. This could be a meaningful advancement and also alignment toward the judging of the Court of Justice of European Union and the European Court of Human Rights especially after the Lisbon Treaty which uses mainly case-law and are organic part of the national application of the law. The above referenced changes are providing broader base for the emergence of the fundamental rights declared in international agreements.|