Natural law aspects for legal regulation of water = Természetjogi szempontok a víz jogi szabályozásához

Petrasovszky, Anna (2019) Natural law aspects for legal regulation of water = Természetjogi szempontok a víz jogi szabályozásához. AGRÁR- ÉS KÖRNYEZETJOG, 26. pp. 193-218. ISSN 1788-6171

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Abstract

The change of actual economic, social conditions and internal and external policies of Hungary had a significant impact on the natural condition and water management of Carpathian Basin. The state played an increasingly active role in water management and its legal regulation. The 19th century version of natural law provided a theoretical basis for this role of the state. The merit of this new critical theory of reason was to elaborate the theoretical principles of individual rights and legal regulation of public law derived from them in a coherent system. Special maxims have not been elaborated yet, but the certain parts of natural law concept involve aspects which are related to water as a subject of legal regulation. The state recognizes natural resources, including water, as part of its national wealth. They are subject to legal regulation, according to which the state is empowered to interven in ownership relations of individuals. Natural law lays down the legitimate criteria of this state’s intervention. The state, on the one hand, must ensure the protection of private interest, on the other hand, under strict conditions, the public reason also has to be enforced against private interests.

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