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102 ATTILA PANOVICS The rule of law requires that legal norms prevail in regulated legal relations, that is, that the recipients of legal norms comply with the legal rules that apply to them. Hungary’s constitution (Fundamental Law of Hungary) also considers the rule of law to be a fundamental value,' the most essential conceptual element of which is the principle of legal certainty (Sélyom 2001: 92). As the Hungarian Constitutional Court formulated at the very beginning of its operation: “One of the fundamental requirements of the rule of law is that bodies with public power carry out their activities within the organizational framework established by law, within the operational framework established by law, within the limits of the law, which is known and regulated in a predictable manner for citizens. In other words, the State must also operate according to the law, in compliance with the rules of law.” The principle of legal certainty gives rise to various legislative principles (which determine, among other things, the basic conditions for the validity of legislation) and to so-called procedural guarantees (e.g. the right to access justice or guarantees in criminal proceedings), which are also essential for respect for human rights and fundamental freedoms. It is no coincidence that an increasing number of states are enshrining in their constitutions the most important provisions necessary for their functioning.’ This also reflects a choice of values. At the supranational level, the rules of international law‘ (us cogens), which require unconditional application, are of similar importance. The importance of the precise definition and application of these concepts in jurisprudence would be difficult to overestimate. This is why including the terms sustainable development’ and Sustainability’ within environmental law has been a problem for decades and in fact remains unresolved. The academic literature is far from unanimous on how it should be viewed: as a principle (including a political or legal principle), as an objective, or perhaps as some other element that plays a role but is nevertheless central to the legal system as a whole.’ What is certain is that its role in enforcing legislation is very limited, in contrast with principles of environmental law (prevention, precautions, the polluter pays, etc.), which are also not enforceable per se, but which can play an important role in the interpretation and application of legislation (Scotford 2017: 192; Sands — Peel 2018: 9). Law is inherently anthropocentric’ in nature, in that it regulates human behavior in the context of legal relations, and the people behind the lawmaking and law enforcement (judicial) bodies are the people who operate them. Legislation is addressed not only to natural persons, but also to companies, NGOs and other legal persons, which, as legal entities established and recognised by law, are also represented by human beings. The titular question of Christopher Stone’s 1972 book (Should Trees Have Standing?) still requires an answer today (Stone 2010), particularly with regard to the practical applicability of the so-called ‘biocentric’ approach. Interestingly, the law has only gone so far as to say that the Romans Article B), paragraph (1). 56/1991 AB [Constitutional Court] ruling. ABH 1991. 454-456. This is why national legal systems prescribe special provisions for amending the constitution. These include, for example, the right of peoples to self-determination, the prohibition of violence, genocide, torture and slavery, and the fundamental rules of international humanitarian law. Bow Ne Bándi, Gyula 2013. A fenntarthatóság értelmezésének egyes jogi szempontjai [Some legal aspects of the interpretation of sustainability]. Akadémiai nagydoktori thesis, PPKE (http://real-d.mtak. hu/651/.
