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

European Union Law

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

By Manfred Stelzer
Hart Publishing October 2023

Specifications

ISBN-13
9781509956739
Publisher
Hart Publishing
Publication
October 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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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