The Beginnings of the European Constitutional Jurisdiction

Authors

  • Thomas Olechowski University of Vienna

DOI:

https://doi.org/10.15170/DIKE.2020.04.01.15

Keywords:

constitutional jurisdiction, judicial review, Austrian Constitutional Court, Hans Kelsen

Abstract

In the field of constitutional jurisdiction, there are two models: the American model, which dates back to the late 18th century, in the early years of the United States. And the European model that is often associated with Hans Kelsen, the ”architect” of the Austrian constitution of 1920. However, the Austrian Constitutional Court is not the first of its kind, the Constitutional Court of Czechoslovakia is a few months older, but it hardly showed any activity. The triumphal march of this model began after 1945 and is a part of most European constitutions today. The article examines the beginnings of this European model and explains its basic principles.

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Published

2020-09-01

How to Cite

Olechowski, T. (2020). The Beginnings of the European Constitutional Jurisdiction . Díké - Journal of Dezső Márkus Research Group for Comparative Legal History, 4(1), 235–246. https://doi.org/10.15170/DIKE.2020.04.01.15