PL EN


Journal
2018 | 3 (47) | 3–16
Article title

Między ideą a praktyką ustrojową: o drodze Austrii do sądu konstytucyjnego

Content
Title variants
EN
Between the Idea and the Systemic Practice. On the Way of Austria to the Constitutional Court
Languages of publication
PL
Abstracts
EN
The aim of the article is to show that the concentrated system of constitutional protection in the republic of Austria – commonly referred to as the Kelsen sys- tem – was a legacy of the systemic practice and legal thought from the times of the Habsburg monarchy. The model of constitutional protection adopted in 1920 was based principally on the legal structures of old Austria, adapted to the new federal state system. The analysis of legal grounds of the jurisdiction of the Constitutional Tribunal suggests that there occurred a transfer of legal solutions to the republican constitutional order rather than the emergence of a new type of constitutional judiciary that would protect the objective constitutional order by means of abstract control of the constitutionality of law. The control of the constitutionality of law in Austria at the time was, in principle, concrete. The article also provides justification for the idea that it is Georg Jellinek to whom we owe the idea of abstract control of the constitutionality of law. Even though it was revitalized by H. Kelsen, it did not become part of the constitutional protection model in the First Austrian Republic.
Journal
Year
Issue
Pages
3–16
Physical description
Contributors
  • Katedra Powszechnej Historii Państwa i Prawa Uniwersytetu Jagiellońskiego
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-1de98232-7b2b-424f-b660-ca811335d5fc
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