"Ülj törvényt, Werbőczi" : a Tripartitum a jogalkotás és jogalkalmazás tükrében : 500 éves a magyar nemesség "bibliája" - gondolatok Werbőczy István szellemi hagyatékához

In 2017 was the 500th anniversary that the great hungarian jurisprudent, István Werbőczy (Chief Justice of the Kingdom of Hungary) published his work, the The Customary Law of the Renowned Kingdom of Hungary: A Work in Three Parts. Recently the age of the Jagiellonians is in the focus of the historians, the Oxford University has gone in quest of the Jagiellonians (2013-2018) and several domestic and international conference was celebrated in Hungary as well. Werbőczy did not make „new law”, just collected the old customary law. The customary law exists from the decrees, royal privileges and the sentences of the great judges of Hungary. By (t)his work the orden of law-making, the legislation remained a common act of the King and the Estates for centuries. In the countries the nobility was the dominant power as well as the local law-making, the enforcement and passing of sentence were exclusively in their hand. The Tripartitum helped the judges to implement the law in right way, because before it there were many deflexions between the various courts. The customary law did not allow the unlawful acts of the king, the nobles had right to resist. The constitutional system of Hungary, the division of power, the limited monarchy were determinated by the theory of Werbőczy, by the idea of the Holy Crown for many centuries. The Tripartitum of Werbőczy defended the hungarian constitutional orden against the aspiration of centralization of the Habsburgs