Der VfGH als politischer Akteur. Konsequenzen eines Judikaturwandels
DOI:
https://doi.org/10.15203/ozp.296.vol44iss2Keywords:
Verfassungsgerichtshof, VfGH, Judikatur, Grundrechte, österreichisches politisches SystemAbstract
As constitutional courts in principle, also the Austrian Constitutional Court (VfGH) fulfills a political function. Therefore, the analysis of its adjudications may not be left to jurisprudence only but requires a stronger contribution from political science. Common statements by journalists or politicians about the "power of the judges" or the "silent rulers" must be confronted by scientific analysis. Since the 1980s, the Austrian Constitutional Court pursues a new line in its adjudications concerning fundamental rights. This change contributed to its political stance within the institutional structure and caused some controversy among the political parties, because the court rulings go beyond the individual decision, and therefore they are most influential with regard to the res publica.Downloads
Published
2015-09-20
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Research Article
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