A Kelsenian Model of Constitutional Adjudication

Christoph Bezemek, Vienna University of Economics and Business Administration

Abstract

For more than 100 years the “American system” of adjudication mastered by one Supreme Court vested also and in particular with the power to review administrative as well as legislative acts enjoyed the virtual monopoly to serve as the role-model of Constitutional review. When the Austrian Constitution was enacted in 1920, however, it should be supplemented by an “Austrian system” designed by Hans Kelsen; creating a specialized body to review the constitutionality of legislative acts–the first Constitutional Court. This article provides an introduction the Court’s organization and proceedings.