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OverviewThe Constitution of the Republic of Austria originated in 1920. From the beginning it represented a compromise between deeply opposed political parties with widely divergent moral and political principles. The Constitution deliberately lacked substantive content, was formal in character, and was concerned only with the framework for the everyday political process. Constitutional amendments were, and remain, frequent events. As a result case law interpreting the constitution tended to be conservative in outlook; controversial cases were considered a matter for constitutional amendment rather than constitutional interpretation. Only comparatively recently, in the 1980s, has the Constitutional Court adopted a more expansive constitutional jurisprudence, especially in the field of fundamental rights. While this was to some extent an inevitable result of the influence of the ECtHR, it meant for instance that the principle of proportionality became enshrined in Austrian fundamental rights theory. The Constitutional Court even saw fit to set limits to Parliament's power to amend the Constitution. Becoming a member of the EU in 1995 presented Austria with new challenges, leading inevitably to the creation of a Constitutional Convention and, eventually, major amendments to the Constitution in 2008. 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. Full Product DetailsAuthor: Manfred Stelzer , Dean of the School of La the College of Management and Professor of Law Daniel Friedmann (University of Tel Aviv, Israel University of Tel Aviv University of Tel Aviv, Israel University of Tel Aviv) , Daphne Barak-Erez (Tel-Aviv University)Publisher: Hart Imprint: Hart ISBN: 9781283340144ISBN 10: 1283340143 Pages: 294 Publication Date: 01 January 2011 Audience: General/trade , General Format: Electronic book text Publisher's Status: Active Availability: In stock We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |