1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
conscientious objectors should be tried by civilian courts, rathen than military courts. Fór it may be assumed tbat judges and assessors vho belong to tbe military, the aggrieved party, vili nőt be acting impartially.- It is unreasonable to restrict the administration o£ justice to deciding individual cases by applying the generál rules that the legislative branch enacts. Név cases often raise problems of interpreting the lav, and then the court is able to decide a specific case only after adopting a generál standpoint on the lav's interpretation. It must be declared that it is botb the right and the inherent duty of the courts to hand dovn generally applicable, authoritative rulings.- A Constitutional Court should be established as the court of last instance fór deciding fundamental problems of constitutional lav. The Constitutional Council of the National Assembly does nőt yet qualify as such a court. Its members are nőt professional judges, and its authority to hand dovn decisions is limited. It is vrong to allov only a specified circle of institutions and organizations to refer matters to the Constitutional Council; any Hungárián Citizen should be able to do so. Furthermore, keeping the public informed likevise requires regulation; citizens have the right to knov vhich statutory regulations vere submitted fór reviev of their constitutionality, vhat the decision vas, and vhat vere the reasons adduced. Public exposition of the minority opinion on so fundamental questions of legal principle is alsó varranted. The social minorities need legal protection. He are unable to take the civil rights one by one, and examine vhat must be done to strengthen each. Their detailed regulation is anyhov best left to experts. Here ve merely vÍ6h to call attention to the civil-lav problems associated vith the special social situation of minority categories. Their lót as citizens is far vor6e than average, and ve mu6t give them our particular attention. Such categories include so-called vagrants, mentái patients, alcoholics, drug addicts, and male homosexuals vhose exposure to AIDS is higher than average. Without analyzing in detail the avkvard legal status of these categories, ve vould like to point out the principles by vhich the State must abide in its conduct tovard them.- Living vithout vork (or visible means of support) is nőt in itself punishable. And nőt merely as a guaranty against sentencing casual vorkers vhoBe employers are evading taxes on them. A more important reason is that only actually committed (and ansverable) criminal offenses may be punished.- Psychiatric care may comprise a series of coercive measures ranging from hospitalization through confinement in a closed várd to the application of all kinds of therapeutic methods. Therefore persona under psychiatric care need special legal protection. Dnless declared incapable of managing their ovn affairs, psychiatric patients may be institutionalized against their vili only in an emergency and fór a 6hort period of time. If they have been declared incapable of managing their ovn affairs, subjecting them to medical Cc> . _______________________________C_o_________________________________________________ J* *
