竞争独裁政权中的管理法院:匈牙利的合作,镇压和抵抗
Etienne Hanelt1,2, Attila Vincze1
1Judicial Studies Institute, Masaryk University, Veveří 70, 611 80 Brno, Czech Republic.
概括
匈牙利 匈牙利 匈牙利
科学领域:
- 政治科学 政治科学是指政治学.
- 法律研究 法律研究
- 社会学 社会学 社会学
背景情况:
- 匈牙利经历了十多年的民主倒退,转变为一个竞争激烈的独裁国家.
- 司法改革的实施是为了保证政府的控制,同时保持关于司法独立的合理否认性.
- 司法独立的正式国际和宪法标准创造了对间接控制机制的需求.
研究的目的:
- 探索匈牙利政府用于管理法院的技术.
- 分析司法机构内的合作和软镇压机制.
- 了解法官抵抗力微弱背后的原因.
主要方法:
- 基于对匈牙利法官和司法系统专家的采访进行的定性研究.
- 分析非正式的顾客政治和司法领导人之间的竞争动态.
主要成果:
- 一个复杂的非正式顾客政治网络破坏了司法机构的实际独立性.
- 该政权鼓励最高法院 (Kúria),国家司法办公室和宪法法院领导人之间的竞争.
- 这些领导人的权力和资源根据他们的表现和可靠性而波动.
结论:
- 竞争激烈的专制政权可以通过授权和激励控制来保持司法独立的外观.
- 这种策略使政权能够逃避审查,保持可信的否认性,避免国际压力.
- 非正式的政治网络是削弱司法独立的关键.
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