Deriválttörvények

Deriválttörvények, or derivative laws, is a concept in Hungarian jurisprudence that refers to legal provisions which are derived from or are a consequence of other, more fundamental laws or legal principles. These laws are not primary sources of law but rather secondary ones, elaborating on or specifying the application of broader legal rules. They often take the form of ministerial decrees, government regulations, or specific administrative instructions issued by authorities empowered by higher legislation.

The purpose of deriválttörvények is to provide detailed guidance for the implementation of overarching laws. For example, a parliamentary act might establish a general principle regarding environmental protection, while a ministerial decree derived from this act could specify the exact emission limits for certain industries or the procedures for obtaining environmental permits. This hierarchical structure allows for flexibility and detailed regulation without overburdening the primary legislative process.

These derivative laws are crucial for the practical functioning of the legal system. They translate abstract legal concepts into concrete rules that individuals, businesses, and administrative bodies can understand and follow. However, their validity is contingent upon their consistency with the parent law from which they are derived. If a deriválttörvény contradicts the superior legislation, it can be challenged and potentially invalidated. The principle of the rule of law requires that all legal norms, including those derived, must respect the hierarchy of norms.