Suchergebnisse

The paper explores the merits of Protagoras' view of politics as a possible intellectual source of the post-communist theory of democracy. Unbeknownst to themselves, Romanian politicians and political scientist tend to understand the function of politics in the footsteps of Plato and Lenin, as an art, or science of leadership. Interested mainly in the effectiveness of government, they give no significant heed to the issue of rights and liberties. The great discourse of Protagoras of Abdera could supply, in a normative way, the conceptual tools for a different approach to politics, as a pedagogical rhetoric of legal and political equality.

The Jews of Hungary had to face difficult situations at the end of the war. Before the Holocaust, they were approximatively 756 000-800 000 people in the extended Hungary, so it shows Tamás Stark in the study Hungarian Jewry during the Holocaust and after liberation. From them almost 600 000 died during Nazi and Hungarian persecutions. Budapest was an important train station for the returned Jews. Once they arrived in Hungary they saw that the series of difficulties continue. They were in impossibility to regain their old houses, they did not have sufficient money to survive. They were helped by the international organization Joint Distribution Committee to survive. Hungarian antisemitism was a feeling that did not manifest all of a sudden, it grew in time. The interwar period time was a time when this antisemitism manifested itself including through the law numerus clausus which limited the number of Hungarian students in universities and which was imposed in these years. Antisemitism was abolished immediately after the end of the war. Most Jews chose the path of assimilation in Hungarian communist state in spite of the persecutions which they had suffered before. A new system was emerging on the horizon, the communism, which promised the equality of all citizens in the Hungarian state, no matter of their ethnic background. A lot of Jews accepted this system and chose to keep secret the fact that they were Jews and did not tell their children about their origin.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.