The Austrian Legal System

The Austrian Legal System
Author: Herbert Hausmaninger
Publisher: Springer
Total Pages: 0
Release: 2000-11-03
Genre: Law
ISBN: 9789041114808

This book presents a broad range of aspects of Austrian law and legal culture for the purpose of comparison with other legal systems. In its second revised and enlarged edition it treats the following subjects: Political history the Constitution Sources and interpretation of law The political system Austria and the European Union Legal education and legal professions the courts Administrative adjudication Constitutional review Fundamental rights Criminal procedure Civil procedure The Austrian civil code Private law Labour law Civil law tradition These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law and legal development. Austrian students and practitioners, too, may find this approach helpful when it comes to explaining their law to others.

Introduction to the Law of Austria

Introduction to the Law of Austria
Author: Christoph Grabenwarter
Publisher:
Total Pages: 0
Release: 2015
Genre: Law
ISBN: 9789041146793

With its legacy as the centre of one of the greatest empires of modern history, Austriaè^--s legal system has for long been enormously influential worldwide. A European Union Member State since 1995, Austria continues to enjoy its role as a major centre of international business and tourism. Austria has also become host to numerous international organisations.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Austrian Federalism In Comp (Contemporary Austrian Studies, Vol 24)

Austrian Federalism In Comp (Contemporary Austrian Studies, Vol 24)
Author: Gunter Bischof
Publisher: University of New Orleans Press
Total Pages: 0
Release: 2015-07-07
Genre: History
ISBN: 9781608011124

With its ambiguous mix of weak federalist and strong centralist elements, the Austrian constitutional architecture has been subject to conflicting interpretations and claims from its very beginning. The written 1920 constitution has been paralleled by informal rules and forces making up for the imbalance of power between national and subnational authorities. Understanding these inherent weaknesses, virtually all political actors involved are well aware that reforming the allocation of rights and duties between the different levels in the federal state is urgently needed. In recent years, several initiatives of recalibrating the system of power-sharing between the different levels of government have been initiated. So far progress has been modest, yet the reform process is still underway. The contributions to this volume shine a light on history, presence, and future aspects of the Austrian federal system from historical, juridical, economic, and political science perspective. The volume is also the first book in English ever devoted to the Austrian version of federalism.

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Modernism: The Creation of Nation-States

Modernism: The Creation of Nation-States
Author: Ahmet Ersoy
Publisher: Central European University Press
Total Pages: 497
Release: 2010-01-01
Genre: Political Science
ISBN: 9637326618

Notwithstanding the advantages of physical power, the struggle for survival among societies is not merely a matter of serial armed clashes but of the nation's spiritual resources that in the end always decide upon the victory. In Europe, there indeed exist independent countries, insignificant from the point of view of the entire civilization, and born by sheer coincidence, yet, this coincidence, this fancy, or diplomatic ploy that created them can just as easily bring them to an end---the nations that count in the political calculations are only the enlightened ones. Therefore, our nation should not merely grow in power, strengthen its character, and foster in people the feeling of love for homeland, but also---inasmuch as it is possible---breath the fresh breeze of humanity's general progress, feed it to the nation, absorb its creative energy. Until now, we have trusted and lived only in the weary conditions, conditions devoid of health-giving elements---now, as a result the nation's heart beats too slowly and its mind works too tediously. We ought to open our windows to Europe, to the wind of continental change and allow it to air our sultry home, since as not all health comes from the inside, not all disease comes from the outside.

Democratic Decline in Hungary

Democratic Decline in Hungary
Author: András L. Pap
Publisher: Routledge
Total Pages: 197
Release: 2017-08-03
Genre: Law
ISBN: 1351684671

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.