Quotation Lukan, Matthias, Lienbacher, Georg. 2019. Constitutional Identity in Austria - Basic Principles And Identity Beyond The Abolition Of The Nobility. In: Constitutional Identity in a Europe of Multilevel Constitutionalism, Hrsg. Calliess, Christian, van der Schyff, Gerhard, 41-58. Cambridge: Cambridge University Press.


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Abstract

Austria’s constitutional identity comprises the Basic Principles as well as several other provisions of the Federal Constitution. The Basic Principles rank highest in the Austrian legal order. They form a constitutional core that may not be limited by EU law. This core concerns the Democratic Principle, the Republican Principle, the Federal Principle, and the Principle of the Rule of Law – the latter of which includes the Principle of the Separation of Powers and the Liberal Principle. The Austrian Federal Constitution is rather ‘flexible’ as far as constitutional amendments are concerned. Such amendments occur at frequent intervals (over 100 times since 1929). Thus, special care has to be taken when determining which constitutional provisions form part of Austria’s constitutional identity beyond the Basic Principles. Some Objectives of the State (for example, the social partnership) as well as several other constitutional norms (for example, the abolition of the nobility) qualify as constitutional identity.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Chapter in edited volume
Language English
Title Constitutional Identity in Austria - Basic Principles And Identity Beyond The Abolition Of The Nobility
Title of whole publication Constitutional Identity in a Europe of Multilevel Constitutionalism
Editor Calliess, Christian, van der Schyff, Gerhard
Page from 41
Page to 58
Location Cambridge
Publisher Cambridge University Press
Year 2019
URL https://doi.org/10.1017/9781108616256.003
ISBN 9781108480437
Open Access N

Associations

People
Lukan, Matthias (Details)
Lienbacher, Georg (Details)
Organization
Austrian and European Public Law (Details)
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