Open AccessPrawo sędziowskie na Węgrzech
Author(s) -
Antal Visegrády
Publication year - 2018
Publication title -
filozofia publiczna i edukacja demokratyczna
Language(s) - English
Resource type - Journals
eISSN - 2720-2488
pISSN - 2299-1875
DOI - 10.14746/fped.2013.2.2.13
Subject(s) - lawmaking , law , civil law (civil law) , political science , criminal law , legal certainty , comparative law , public law , legislature
Currently, there is a big discussion about judicial activism in continental legal systems. This phenomenon is rather negatively described, as the breaking the fundamental principle of separation of powers.In this paper, it will be demonstrated that, although Hungary belongs to civil law system, where judges are not allowed to be a lawmakers, actually they do make law. In Hungarian law, there is a great number of cases when judges evidently make law. What is more, their activism has a very positive impact on the whole legal system; judges make law more just and uniform, and at the same time enhance its certainty.In the following parts of the paper, it will be described the lawmaking role of judges, particular inlegal fields such as: civil law, criminal law, labor law etc.