The use of the precautionary principle and the non-refoulement principle in public law
Or how far the boundaries of constitutional principles extend
Keywords:
non-refoulement, non-derogation, precautionary principle, precautionary principle as a principle outside environmental law, strong and weak concepts of the precautionary principle, Housing Act, the application of the precautionary principle in the Ombudsman for Future Generations' practice
Abstract
In addition to interpreting the precautionary principle, the present article shows that this principle of environmental law applies to agricultural practice as well. In a separate chapter, we analyze the relationship between the non-refoulement (also known as non-derogation) principle and the precautionary principle in connection with the latest cases of the Hungarian Constitutional Court’s practice. This article summarizes the counter-arguments of the constitutional judges against a strong interpretation of the precautionary principle and analyzes whether a strong interpretation of said principle prevails in the practice of the Deputy Ombudsman for Future Generations.
