Joghatósági

Joghatósági, in Hungarian, refers to the state or condition of having lawful authority to act within a given legal framework. The term is used to describe whether a person, body or act has the requisite power and legal basis to exercise a certain competence, make decisions, or perform actions under the law. It is a central concept in administrative and constitutional law, where public authorities must operate within their statutory jurisdiction.

In practice, joghatóság encompasses several elements. A key component is a valid legal basis—an act or statute that grants the authority to act. Other aspects include territorial and personal scope of competence, the proper procedural path, and, where applicable, time limits for action. If an act or decision exceeds or lacks this authorized basis, it can be deemed illegitimate or void for lack of joghatóság.

Joghatóság is closely related to, yet distinct from, related concepts such as hatáskör (competence) and jogszerűség (legality). Hatáskör concerns the official power granted to act, while jogszerűség concerns compliance with applicable laws. Together, they form part of the legality framework governing administrative decisions, judicial rulings, and governmental actions.

In practice, courts may review joghatóság to determine whether a decision or action was authorized and properly grounded in law. The concept also appears in political philosophy discussions of legitimacy, referring to whether authority derives from and is recognized by the legal order and the governed.