In the light of the recent proposal by the Austrian Government to include the possibility for constitutional judges to deliver dissenting opinions, this essay analyzes - both from a comparative point of view and in the context of the overall legal evolutions of the Austrian legal system - the meaning that the admission of the Sondervotum could have for the system of constitutional justice which, inherited from Kelsen's formalistic theories, is still strongly based on the impersonality and non-transparency of the supreme interpretations of the Constitution.
100 anni di segretezza contro nuove esigenze di trasparenza. Il dissenso interno nel Verfassungsgerichtshof austriaco
Haider Quercia U
2021-01-01
Abstract
In the light of the recent proposal by the Austrian Government to include the possibility for constitutional judges to deliver dissenting opinions, this essay analyzes - both from a comparative point of view and in the context of the overall legal evolutions of the Austrian legal system - the meaning that the admission of the Sondervotum could have for the system of constitutional justice which, inherited from Kelsen's formalistic theories, is still strongly based on the impersonality and non-transparency of the supreme interpretations of the Constitution.File in questo prodotto:
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