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Austrian Constitutional Court

Constitutional Courts

The Constitutional Court of Austria, the Verfassungsgerichtshof, was established in 1920 as part of the new republican constitution largely designed by the legal theorist Hans Kelsen, who himself served as a member of the court in its early years. Its predecessor, the Imperial Court, had existed since 1867 but lacked any power of judicial review. The 1920 court was the first centralized constitutional court in the world, reviewing the constitutionality of statutes and the legality of ordinances rather than leaving that task to the ordinary judiciary as decentralized systems do, and this Kelsenian model went on to shape constitutional court design across much of Europe and beyond. Beyond judicial review, the court resolves demarcation disputes between organs of government, hears complaints about elections, and handles impeachment proceedings. It is composed of fourteen members and six substitute members, appointed through a tripartite process involving the federal president, the National Council and the Federal Council that reflects Austria's federal structure.

Facts
Founding Year
1920 1
Jurisdiction Scope
National: judicial review of statutes, ordinances and certain court decisions, plus demarcation conflicts, election complaints and liability claims 1
Jurisdiction Scope
Jurisdiction Scope (category)
National 1
Connections

Has Member

Source Gerhart Holzinger, Wikipedia
Karl Korinek, Jurists
Source Karl Korinek (Wikipedia)
Theo Ohlinger, Jurists
Source Theo Öhlinger (Wikipedia)

In Legal System

In the Other Atlases
Sources
1. Constitutional Court (Austria), Wikipedia
  • Lead section
    It verifies the constitutionality of statutes, the legality of ordinances and other secondary legislation, and the constitutionality of decisions of certain other courts.
  • Infobox, established field
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Gerhart Holzinger, Wikipedia
Has Member: Gerhart Holzinger, Lead section
Quote, Has Member: Gerhart Holzinger, Lead section
He was appointed to the Austrian Constitutional Court in 1995, serving as its president from 2008 until his retirement in 2017.
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Karl Korinek (Wikipedia)
WikipediaHas Member: Karl Korinek, Lead section
Quote, Has Member: Karl Korinek, Lead section
In 1978, Korinek was appointed to the Austrian Constitutional Court; he served as the president of the court from 2003 until his retirement in 2008.
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Theo Öhlinger (Wikipedia)
Has Member: Theo Ohlinger, Lead section
Quote, Has Member: Theo Ohlinger, Lead section
Theodor Öhlinger (22 June 1939-10 December 2023) was an Austrian constitutional scholar and educator. Öhlinger was a member the Austrian Constitutional Court from 1977 to 1989 and a professor of constitutional and administrative law at the University of Vienna from 1974 to 2007.
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