A Legfelsőbb Honvédelmi Tanács közjogi helye és tevékenysége a Horthy-korszakban
The research of the regulation of the exceptional power in the Horthy- era is significant to make it easier to understand the special legal order in the 21st century. Consequently the topic of my paper is a very specific public body, which was established in the interwar period: the Supreme Defence...
Elmentve itt :
| Szerző: | |
|---|---|
| Dokumentumtípus: | Cikk |
| Megjelent: |
2021
|
| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
3 |
| Kulcsszavak: | Legfelsőbb Honvédelmi Tanács, Közjog - magyar - 20. sz., Közigazgatási jog - magyar - 20. sz. |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74520 |
| Tartalmi kivonat: | The research of the regulation of the exceptional power in the Horthy- era is significant to make it easier to understand the special legal order in the 21st century. Consequently the topic of my paper is a very specific public body, which was established in the interwar period: the Supreme Defence Council. After the analization of the political and legal circumstances which led to the establishment of the Council, I focused on the authority and the legal status of it. Considering the power and the practical activity of this public body, I wanted to answer the question if the exceptional power was vested in the Council or not. During my research I managed to examine the documents of Chief of General Staff of Hungarian Defence Forces in the Military History Archives as well as the documents of the Ministry of Interior and the Regent of Hungary and the parliamentary debates from the Hungarian Parliamentary Collection. Besides the primer sources I felt important to review the relevant public law and military history literature. The most important findings of my research are the next: first of all, I could demonstrate that the function of the Supreme Defence Council was basically different in the late twenties than during the Second World War. With the examination of the drafts and the codification process of the Act Second of 1939 I could prove that there were similarities between the Ministerial Council and Supreme Defence Council in public law context, but the Ministerial Council had more extensive power than the Supreme Defence Council. The Supreme Defence Council was a consultative body, whose tether was limited to only national defence and war-mobilization subjects. According to the the provisions of Defence Act and the related primer sources it can be said that the Defence Council did not create a general binding rule of conduct. Due to the fact that only the government was authorized with exceptional power in the Horthy-era, the Supreme Defence Council did not exercise exceptional power. Finally it can be reasonably said that although the Council was an integrated public body which gave a legal framework to the co-operation of the government and the military top-management, there were conflicts between the two sides throughout the institution-history of the Supreme Defence Council. |
|---|---|
| Terjedelem/Fizikai jellemzők: | 653-689 |
| ISSN: | 2560-2802 |