Válság a válságban? : Zavarok jogfelfogásunk, jogrendünk körül

Varga, Csaba (2010) Válság a válságban? : Zavarok jogfelfogásunk, jogrendünk körül. IUSTUM AEQUUM SALUTARE, 6 (3). pp. 5-9. ISSN 1787-3223

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Abstract

THE DANGERS OF AUTOTELISM WITH SELF-EMPTYING With Rule of Law reduced to formal legal certainty, which treats considerations of justice as irrelevantly secondary, the once Socialist nihilisation of law has been replaced by the other extreme, notably, by fetishisising the enacted in Hungary. Thereby common sense gets ultimately defeated by departmentalised artificial reasons that do lack any moral commonality and social support in the background. Moreover, constitutional justices have redrafted public law upon the model of private law, that is, by granting absolute rights without obligations in return, calibrated to individuals who have to be defended at any price against an impoverished state. The ethos of res publica, which could be saved from Communist destruction, is getting eroded by now. Segments of public power act irrespectively to one another in their urge to maximalise their own competence. Constitutionalism as the exclusive idol of managing public affairs overwrites the language itself by which public affairs can and should be debated. All in all, everything is gleichschalten (i.e., homogenised in virtual constitutionalism) and remains untreated/unfaced in depth. Parasitism of the overall legal profession in dependence on Constitutional Court dicta is the consequence, without any critical reflection. If not shaken by some radical innovation taking a start anew, such general trend may continue undisturbed.

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