A Model for the World: The Austrian Constitutional Court Turns 100
Abstract: The design of constitutional courts usually shows a specific concern for independence from political actors and for pluralism on the bench. We argue that many institutional features of today’s constitutional courts can be traced back to the Austrian Constitutional Court (the first of its kind, which celebrated 100 years in 2020) and even further still to its predecessor, the Austrian Imperial Court of Justice of 1867. Strikingly, judicial independence is to be guaranteed against the existing judiciary as well, which is why constitutional courts often stand apart from the traditional judicial bureaucracy. Pluralism on the bench is to be ensured by specific criteria of eligibility, opening the constitutional court judgeship to a wider set of candidates (eg, attorneys, professors, civil servants), but also via institutional arrangements that make it easy for outsiders to join the court in the first place (eg, by allowing to continue one’s job or by not requiring residence at the court’s seat). Recounting the story of the Austrian model of constitutional adjudication in an unprecedented attempt to combine Austrian legal history with the structure and process of today’s constitutional courts around the world, this paper also highlights how relatively minor features of court organization contribute to the overarching goal of ensuring the independence of the court and pluralism within the court.
- Location
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Deutsche Nationalbibliothek Frankfurt am Main
- Extent
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Online-Ressource
- Language
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Englisch
- Bibliographic citation
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A Model for the World: The Austrian Constitutional Court Turns 100 ; volume:17 ; number:3 ; year:2023 ; pages:251-276 ; extent:26
Vienna online journal on international constitutional law ; 17, Heft 3 (2023), 251-276 (gesamt 26)
- Creator
- DOI
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10.1515/icl-2023-0029
- URN
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urn:nbn:de:101:1-2023113013291431005844
- Rights
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Open Access; Der Zugriff auf das Objekt ist unbeschränkt möglich.
- Last update
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15.08.2025, 7:27 AM CEST
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Associated
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The Return of the Hungarian Constitutional Court
The Return of the Hungarian Constitutional Court
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Constitutional Courts
The German Federal Constitutional Court : the court without limits
An introduction to Austrian constitutional law
The Return of the Hungarian Constitutional Court
The Return of the Hungarian Constitutional Court
Law on the Federal Constitutional Court
Protect the German Federal Constitutional Court!
The Downfall of a Constitutional Court
Farewell to the Polish Constitutional Court
The Polish Constitutional Court has spoken
Austrian contributions to the rule of law : the Constitutional Court ; the Administrative Court ; European prospectives
The Hungarian Constitutional Court and Constitutional Identity
Constitutional Courts
The German Federal Constitutional Court : the court without limits
An introduction to Austrian constitutional law
The Return of the Hungarian Constitutional Court
The Return of the Hungarian Constitutional Court
Law on the Federal Constitutional Court
Protect the German Federal Constitutional Court!
The Downfall of a Constitutional Court
Farewell to the Polish Constitutional Court