The Austrian Constitutional Court

Lachmayer, Konrad

doi:10.1017/9781316084281.005

Cited by 7 publications

(2 citation statements)

References 14 publications

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“…The Austrian constitution makes it possible to pass laws as constitutional laws with a two‐thirds majority. This mechanism was used by the grand coalitions between the SPÖ and ÖVP to evade the implementation of judicial review outcomes (Lachmayer, 2017). We use a variable indicating whether or not a government had a two‐thirds majority in parliament to control for the possible effect of a government's ability to pass a law as a constitutional law.…”

Section: Data and Empirical Strategymentioning

confidence: 99%

Do populist parties in government produce unconstitutional policies? Evidence from Austria, 1980–2021

KÖNIG¹,

SWALVE

2022

European J Political Res

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In a rising number of countries, populist parties participate in coalition governments. While there exists a consensus that populism is incompatible with core tenets of liberal democracy on a conceptual level, we know much less about whether or not the participation of populist parties in government constitutes a threat to liberal democracy in practice. We study the impact of populist parties in coalition governments using a novel dataset of more than 2000 laws that were under review at the Austrian Constitutional Court between 1980 and 2021. We provide evidence that the court did not find laws passed by governments that included a populist party unconstitutional more often than those passed by non‐populist governments. Our findings indicate that the Austrian Freedom Party did moderate its policy while in office. The results imply that it is necessary to distinguish policy positions in party manifestos and party rhetoric from policies actually implemented by governments.

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Section: Data and Empirical Strategymentioning

confidence: 99%

Do populist parties in government produce unconstitutional policies? Evidence from Austria, 1980–2021

KÖNIG¹,

SWALVE

2022

European J Political Res

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“…Due to the introduction of a new kind of legal protection in 2013 in Austria, constitutional complaint against statutory provisions applied by ordinary courts in civil and criminal law proceedings became possible, thus strengthening the role of the constitutional complaint in individual cases. Stumpf (2017) 239;Lachmayer and Siess-Scherz (2017); Lachmayer (2017); Kelemen and Steuer (2019); Gárdos-Orosz (2019). complements these with explanations from the related jurisprudence 5 in three different legal systems, the analysis can contribute to a more comprehensive understanding of the institution of legal aid in constitutional court proceedings.…”

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confidence: 99%

Access to constitutional complaint procedures: A real chance?

Váradi

2022

HJLS

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In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.

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The ECtHR and the Constitutional Courts of Consolidated Western Democracies

Simonelli

2024

Ius Gentium: Comparative Perspectives on Law and Justice

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The Austrian Constitutional Court

Cited by 7 publications

References 14 publications

Do populist parties in government produce unconstitutional policies? Evidence from Austria, 1980–2021

Do populist parties in government produce unconstitutional policies? Evidence from Austria, 1980–2021

Access to constitutional complaint procedures: A real chance?

The ECtHR and the Constitutional Courts of Consolidated Western Democracies

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