Gemeinsames Erbe, getrennter Aufbruch. Verfassung, Demokratie und Verfassungsgerichtbarkeit nach 1918

Abstract

In Central Europe, the new democratic era of 1918/1920 began as the ʺwinnersʺ of the world war for some and as the ʺlosersʺ for others. Czechoslovakia participated in the peace negotiations on the side of the Allies, while Austria and Germany had no comparable negotiating power. In the culture of democracy and constitution of the interwar period, however, it was not only this status that played a role. Often underestimated was the continuing tradition of the rule of law from the Habsburg period. This article takes a synthetic look at this interweaving history of constitutional cultures through the lens of the work of Hans Kelsen and his colleagues.