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The Constitution of the Republic of Austria: A Contextual Analysis 2nd Edition

The Constitution of the Republic of Austria: A Contextual Analysis 2nd Edition

Author: Manfred Stelzer
Publisher: Hart Publishing
ISBN: 9781509956739

Previous Edition ISBN: 9781841138527
Published In: October 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509956692

List Price: HKD 363.87

HKD 352.95 Save HKD 10.92 (3%)

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Contents

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This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure.

1. History and Character of the Austrian Constitution

I. Introduction

II. The Evolution of the Austrian Constitution

A. The Absolute Monarchy

B. The Constitutional Monarchy

C. The First Republic, Armed Conflicts and the Authoritarian Regime

D. The Second Republic

III. Characteristic Features of the Austrian Constitution

A. The Style of the Constitution

B. Interpreting the Constitution

C. Written Constitution and Efficient Constitution

IV. Basic Principles of the Constitution

V. Engineering Constitutional Changes

VI. Conclusion

Further Reading

2. Political Parties and Social Partnership

I. Introduction

II. The Development of the Party System

A. Political Parties versus Electoral Parties

B. The Emergence of the Party System

C. From the mid-1980s Onwards

III. The Law on Political Parties

A. The Founding of Political Parties

B. The Funding of Political Parties

IV. The Social Partnership

V. Conclusion

Further Reading

3. The Legislative Branch of the Federal Government

I. Introduction

II. The Electoral System and the Composition of the National Council

A. The Electoral System

B. The Legal Status of Members of the National Council

III. Assembly and Legal Status of the Federal Council

IV. Parliamentary Functions I: Legislation

A. Legislative Procedures

B. Delegation of Legislative Powers

C. Participation in EU Legislation

V. Parliamentary Functions II: Overseeing the Executive Branch of Government

A. Legal and Political Accountability of the Administration

B. The Audit Court and the Ombudsman Board

VI. Conclusion

Further Reading

4. The Executive Branch of the Federal Government

I. Introduction

II. The Federal President

A. Election and Legal Position of the Federal President

B. The Powers of the Federal President

C. Accountability of the Federal President

III. The Federal Cabinet

A. The Appointment of the Federal Cabinet

B. The Powers of the Federal Cabinet

C. Instructing the Administration

D. The Accountability of the Federal Cabinet and Federal Ministers

IV. The Civil Service

V. Foreign Affairs and European Membership

A. International Treaties

B. Bodies of International Organisations

C. European Union

VI. The Federal Budget

VII. E-Government

VIII. Nationalised Industry

IX. Conclusion

Further Reading

5. Federalism and Autonomous Public Bodies

I. Introduction

II. The Concept of Austrian Federalism

III. The Allocation of Powers (Competences)

A. Function and Principles of the Allocation of Powers

B. The General Allocation of Powers

C. 'Special' Allocation of Powers – The Finance Constitution

D. Interpretation of Regulations Regarding Competences

IV. State Legislation

A. Institutions and Procedures

B. External Powers

C. Cooperation in the Federal State and Participation of the States in EU Legislation

V. The Indirect Federal Administration and the Role of the State Governor

VI. Municipal Government and Autonomous Public Bodies

VII. Conclusion

Further Reading

6. Jurisdiction

I. Introduction

II. The Separation of Jurisdiction and Administration and the Road to a Two-Tier System of Administrative Jurisdiction

III. The Organisation of the Highest Courts

IV. Powers and Policies of the Highest Courts Pertaining to the Constitution

A. The Constitutional Court

B. The Administrative High Court

C. The Supreme Court

D. The Impact of EU Law on the Court System

V. Conclusion

Further Reading

7. Fundamental Rights

I. Introduction

II. General Aspects

A. History and Character of Fundamental Rights in Austria

B. Social Rights and the Social Welfare System

C. Third Party Effect

III. Binding Effect on the Administration

A. Freedom Rights

B. Principle of Equality

IV. Binding Effect on the Legislation

A. The Equality Clause

B. Freedom Rights: From Deference to Proportionality

V. Selected Case Law

A. Abortion

B. Assisted Suicide

C. LGBTQ+ Rights

D. Islamic Head Scarf

E. Immigration and Asylum

F. Data Retention

G. Covid-19 Response

VI. Conclusion

Further Reading

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