Search results

Prior to World War II, Hungary had no written constitution. The Arany Bulla (Golden Bull) in 1222, the Pragmatica Sanctio in 1723, and the Compromise of 1867 were considered basic laws, because they regulated the relations between the king and the "nation" (i.e., the nobility) and contained certain safeguards against tyrannical (arbitrary) government. Before the Compromise, justice was administered by the local (county) government for all inhabitants without state-wide supervision, except for the serfs who were subject to their landlords. The Compromise of 1867, which created a constitutional dual monarchy for Austria and Hungary, was the outgrowth of the revolution of 1848. The immediate results of this revolution were the emancipation of the serfs and the establishment of the Ministry of Justice. Law No. IV of 1869 unified the judicial system nationally by removing judicial power from the jurisdiction of the counties.

The technological revolution, followed by the rise of industrial cities & juvenile gangs, a diffusion of birth control & a decline in religious behavior, has brought about a shrinkage in the functions of the natural family. The state has taken the role of `super' parent, parens patriae, & it is in this sense that its police power towards dependents must be understood. The delinquent child should be dealt with preventively, through adequate schooling, & protectively through juvenile courts supplemented by clinical services. The administration of criminal justice is obsolete, it needs unification, a reform of prison manag, a substitution of the principle of rehabilitation for the archaic theory of retributive punishment. A scholarly body should be created to watch the criminal law in action. IPSA.