A specialised court whose sole function is to rule on the constitutionality of laws and government acts, distinct from a country's ordinary court system. The model was designed chiefly by the legal theorist Hans Kelsen for Austria's 1920 constitution, and later spread to Germany, Italy, South Korea and many other countries as an alternative to judicial review by an ordinary supreme court.
Facts
Founded Year Founded DateMarks when the 1920 Federal Constitutional Law (B-VG) entered into force, formally establishing the Constitutional Court in the form designed by Hans Kelsen; a predecessor German-Austrian Constitutional Court had existed since 1919. Classification
Institution Type Connections
Associated With
This source names Germany directly: "1920 constitution, and later spread to Germany, Italy, South Korea and many other countries as an alternative to judicial review by an ordinary supreme court."
Source Hans Kelsen (Britannica)
This source names Italy directly: "and later spread to Germany, Italy, South Korea and many other countries as an alternative to judicial review by an ordinary supreme court."
Source Hans Kelsen (Britannica)
Founded By
Kelsen was the principal drafter of Austria's 1920 constitution and designed its centralised constitutional court, a model of judicial review by one specialised tribunal rather than by ordinary courts, later adopted by Germany, Italy, Spain and many other states as the Kelsenian model.
Source Hans Kelsen (Britannica)
Influenced By
Weimar's collapse under its own emergency powers is the case West Germany's 1949 Basic Law drafters cited in creating the Federal Constitutional Court as a dedicated guardian of the constitution.
Source Weimar Constitution (Britannica)
Sources
1. Hans Kelsen (Britannica)
Encyclopaedia BritannicaInstitution type, descriptionQuote, Institution type, description
A specialised court whose sole function is to rule on the constitutionality of laws and government acts, distinct from a country's ordinary court system.
2. History of the Constitutional Court (VfGH)
History overviewQuote, History overview
Pursuant to the Constitution (Federal Constitutional Law, B-VG) adopted by the constituent National Assembly on 1 October 1920 and entered into force on 10 November 1920, the Constitutional Court, which had been established in 1919, was entrusted with all the functions formerly exercised by the Imperial Court and the State Court.
Weimar Constitution (Britannica)
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