From the Federalist Papers to Hans Kelsen’s “Dearest Child”: The Genesis of the Austrian Constitutional Court

Abstract

This article sketches in broad strokes the genesis of Austrian constitutional jurisdiction in the 1920 Federal Constitutional Act. Beginning with the Constitution of the United States, it provides a review of the long 19^th century, during which legislative review was controversial. It then elaborates which circumstances were decisive for the fact that immediately after the disintegration of the Danube Monarchy, two of its successor states simultaneously introduced the review of constitutionality. Finally, it discusses the impact of Hans Kelsen shaping the Austrian Constitutional Court as an institution more through his judicial activities than through his constitutional drafts.