Constitutional Borrowing from Austria? Influences of the Austrian Federal Constitutional Law on Foreign Constitutions

Abstract

100 years after the enactment of the B-VG (Federal Constitutional Law) the paper examines whether it has had direct or indirect impact on foreign constitutions. Despite the excellent international reputation of Hans Kelsen, the preconditions of becoming a prominent “model constitution” were not particularly favourable. The reasons for this can partly be found in the B-VG itself, but also in the external environment in which it was embedded. As an exception, the B-VG exerted considerable influence on foreign constitutions under one particular aspect, namely the model of a Constitutional Court. In this context, however, a differentiated perspective is required in order to be allowed to speak of an “Austrian” model – and not just of a general migrating constitutional idea: an “Austrian” model may only claim relevance if it is seen as the combination of a specialized constitutional court and two essential functions, namely judicial review and individual rights protection. In contrast, the B-VG has only modestly influenced foreign constitutions under other aspects. Mostly, such influence can be documented with regard to the Constitution of Liechtenstein, which was enacted in 1921, but only in minor cases regarding other constitutions.