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Správní soudnictví v Maďarsku / Administrative Justice in HungaryBalogh, Edina January 2019 (has links)
Administrative judiciary in Hungary Abstract The purpose of this thesis is to give a comprehensive picture of the institute of administrative judiciary in Hungary mainly by using the comparative method. Its aim is therefore to show the similarities and the differences between the Czech and Hungarian administrative judiciary, while also comparing the two legislations to the European standards of the Rule of Law principle. The Rule of Law principle is then used as defined by the European Commission for Democracy through Law, better known as the Venice Commission. Chapter one dives directly into an analysis of the Rule of law principle and its importance in the context of administrative judiciary. Furthermore, this chapter will also provide a short description of the traditional models of administrative judiciary. The purpose of chapter two is to give its reader a brief introduction of the evolution of administrative judiciary in Hungary from the late 19th century to today's legislation, while also mentioning the upcoming changes and their foreseeable impacts. Chapter three then provides a full description of the organisation of Hungarian administrative courts, while also mentioning the upcoming changes brought by the judicial reform in the country. The comparison of power and court jurisdiction in both...
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A critical evaluation of the independence of the Office of the Chief Justice and its role in promoting judicial transformation in South AfricaPhatshwane, Rebaone Jeremia 07 1900 (has links)
The legislative supremacy of Parliament has dominated the constitutional law of South Africa for a very long time. In the pre-constitutional era, the judiciary had no power to question the deeds of Parliament. Despite the need for the judiciary to be independent from the two other governmental branches to execute its function effectively, it was surely dependent on them. However, the creation of the Office of the Chief Justice (OCJ) as a separate governmental department by the Constitutional Seventeenth Amendment Act, read together with Superior Court Act, mandated by the requirements of a supreme Constitution (and not Parliament), changed things so that the judiciary is no longer dependent on government for its day-to-day administration. This thesis examines the independence of the OCJ and its role in promoting judicial transformation in the new South Africa. / Public, Constitutional and International Law / LL. M. (Human Rights Law)
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