Legal Theory & Political Thought
The Legacy of Modern European Constitutionalism: The Concept of Rule of Law and...
Constitution, legality, legitimacy, democracy, rule of law, constitutionalism, crisis, constitutional degradation, liberal principles
Modern constitutionalism emerged at the end of the 18th century in the context of the American and French revolutions. It later took root in other countries and, by the end of the 20th century, had gained universal recognition. Constitutionalism has recently evolved within democratic political systems; therefore, the concept of constitutionalism appears closely linked to democracy and the rule of law. To understand constitutional crises, it is first necessary to clarify the meaning of constitutionalism.
EGRESI, KATALIN
Public Policy Failures and Fiascos: A Brief Understanding of the Causes and Consequences of the...
Public policy failure, low-income communities, social and economic impact, poverty and inequality, policy implementation
The concepts of public policy failure and fiasco are often used in political discourse to describe the ineffectiveness of a particular policy, program or measure. Public policy failures are not only the absence of expected results, but often also highlight deeper social, economic or political problems. These failures can be due to a variety of reasons, including design flaws, weaknesses in implementation, lack of resources or even a lack of political will. This text explores the different dimensions of public policy failures, demonstrating how mistakes in policy design and implementation can have significant social, economic and political consequences.
HORVÁTH, ANETT
The criminal law assessment of young adults in Hungary
Young adulthood, criminal justice reform, developmentally appropriate sentencing, legal capacity and maturity, age-responsive criminal law
This study examines the conceptual and normative foundations for recognizing young adulthood (ages 18–24) as a distinct category in Hungarian criminal law. While current legislation treats individuals as fully responsible adults from age 18, empirical research from psychology, sociology, and criminology suggests that many young adults lack the psychosocial maturity typically associated with full adulthood. The analysis draws on national and comparative legal sources, judicial practice, and international frameworks to assess whether young adults warrant differentiated treatment in criminal justice. Findings reveal a normative gap in Hungarian law: the concept of “young adult” is inconsistently applied, lacking statutory definition and leading to judicial ambiguity. Based on legal theory, empirical criminal statistics, and comparative models, the study proposes the introduction of a formal legal definition within the Criminal Code and the inclusion of a new mitigating provision under Chapter IX. This reform would enhance legal clarity, promote proportional sentencing, and respect both judicial discretion and constitutional principles. The paper concludes that codifying young adulthood as a distinct penal category is both necessary and feasible for a more just and developmentally informed criminal justice system.
SZABÓ, BERNADETT – CZEBE, ANDRÁS
The freedom of research and university autonomy from the viewpoint of technology transfer...
University autonomy, freedom of research, technology transfer, intellectual property rights, higher education law
This study explores the evolving dynamics of university autonomy and the freedom of research considering increasing expectations for technology transfer within higher education institutions. Focusing on Hungary, Austria (Styria), and Germany (Brandenburg), the paper provides a comparative legal analysis of how these Central European jurisdictions reconcile traditional academic freedoms with the modern entrepreneurial role of universities. It addresses how constitutional provisions, higher education laws, and patent regulations shape institutional and individual rights in the context of academic capitalism. By analysing legal frameworks and key court decisions, the study tensions between institutional autonomy and researchers’ rights, particularly regarding intellectual property and administrative governance. The findings suggest that while Brandenburg provides a model of integration between legal clarity and institutional support for innovation, Hungary and Austria reveal gaps in the horizontal protection of academic freedoms and the legal recognition of researchers' roles in knowledge commercialization.
STIPKOVITS, TAMÁS ISTVÁN
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