EMPIRICAL RESEARCH INTO THE RELATIONSHIPS BETWEEN PROFESSIONAL AND LAY JUDGES IN MIXED TRIBUNALS IN HUNGARY
DOI:
https://doi.org/10.30925/zpfsr.39.3.8Keywords:
empirical research; mixed tribunals; professional judges; lay judges; juryAbstract
This research was based on lay and professional judicial assessment and aimed at answering the question of what degree and nature of lay participation in Hungary can be seen in court proceedings, a question that is already present in research into mixed tribunals. Addressed and supported by similar empirical research into mixed tribunal systems, the status characteristics theory has led the authors to the assume
that, despite statutory provisions ensuring equal rights, this specific problem-solving group is characterized by such an internal hierarchical relationship that discourages increased lay participation. However, it has also been assumed that, compared to the 1960 research in Hungary, led by Kálmán Kulcsár, the lay judge system of a democratic
society allows greater participation even if no relevant changes in legislation has since taken place.
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