Judicial Review In Austria
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Judicial Review In Austria
The European Union, European and Austrian constitutions endow the judiciary of Austria, Austrian court system with broad powers of judicial review. All Austrian courts are charged with verifying that the statutes and ordinances they are about to apply conform to European Union law, and to refuse to apply them if not. A specialized Constitutional Court (Austria), Constitutional Court checks statutes for compliance with the Austrian constitution and executive (government), executive ordinances for compliance with Austrian law in general. A system of administrative courts reviews individual-scope actions of the executive (government), executive branch. Influenced by Hans Kelsen and a general local tradition of legal positivism, the statutory interpretation, statutory construction of the Austrian Constitutional Court relied mostly on grammatical interpretation from its beginnings in 1920 to the mid-1980s. In the decades since then, the court has increasingly made use of teleological r ...
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Bundesgesetzblatt (Austria) 1920 0001
''Bundesgesetzblatt'', abbreviated BGBl (''Federal Law Gazette'', ''Federal Gazette'') may refer to: * Bundesgesetzblatt (Germany), ''Bundesgesetzblatt'' (Germany) * Bundesgesetzblatt (Austria), ''Bundesgesetzblatt'' (Austria) * ' (1867–1871), Federal Gazette of the North German Confederation * ' (1871), continuation of the Federal Gazette of the North German Confederation See also

* Federal Gazette (other) {{Disambiguation ...
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Joseph II, Holy Roman Emperor
Joseph II (German: Josef Benedikt Anton Michael Adam; English: ''Joseph Benedict Anthony Michael Adam''; 13 March 1741 – 20 February 1790) was Holy Roman Emperor from August 1765 and sole ruler of the Habsburg lands from November 29, 1780 until his death. He was the eldest son of Empress Maria Theresa and her husband, Emperor Francis I, and the brother of Marie Antoinette, Maria Carolina of Austria and Maria Amalia, Duchess of Parma. He was thus the first ruler in the Austrian dominions of the union of the Houses of Habsburg and Lorraine, styled Habsburg-Lorraine. Joseph was a proponent of enlightened absolutism; however, his commitment to secularizing, liberalizing and modernizing reforms resulted in significant opposition, which resulted in failure to fully implement his programs. Meanwhile, despite making some territorial gains, his reckless foreign policy badly isolated Austria. He has been ranked with Catherine the Great of Russia and Frederick the Great of Prussia ...
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Maria Theresa
Maria Theresa Walburga Amalia Christina (german: Maria Theresia; 13 May 1717 – 29 November 1780) was ruler of the Habsburg dominions from 1740 until her death in 1780, and the only woman to hold the position ''suo jure'' (in her own right). She was the sovereign of Austria, Hungary, Croatia, Bohemia, Transylvania, Mantua, Milan, Lodomeria and Galicia, the Austrian Netherlands, and Parma. By marriage, she was Duchess of Lorraine, Grand Duchess of Tuscany and Holy Roman Empress. Maria Theresa started her 40-year reign when her father, Emperor Charles VI, died on 20 October 1740. Charles VI paved the way for her accession with the Pragmatic Sanction of 1713 and spent his entire reign securing it. He neglected the advice of Prince Eugene of Savoy, who believed that a strong military and a rich treasury were more important than mere signatures. Eventually, Charles VI left behind a weakened and impoverished state, particularly due to the War of the Polish Succession and the Rus ...
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Supreme Court Of Justice (Austria)
The Supreme Court of Justice (german: Oberster Gerichtshof or ) is the supreme court, final appellate court of Austria for Civil law (common law), civil and criminal law, criminal cases. Along with the Supreme Administrative Court of Austria, Supreme Administrative Court and the Constitutional Court (Austria), Constitutional Court, it is one of Austria's three courts of last resort. The Court does not have a fixed number of members. As of the early 21st century, there are typically between fifty and sixty justices on the Court. The responsibility for appointing Supreme Court justices is vested in the president of Austria, but the president can and usually does delegate this task to the Ministry of Justice (Austria), minister of justice. The minister picks from a shortlist of three nominees provided by the Court itself. The Supreme Court of Justice convenes in the Palace of Justice, Vienna, Palace of Justice in Vienna. Background The Austrian judiciary is organized into gener ...
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Supreme Administrative Court (Austria)
In the Republic of Austria, the Supreme Administrative Court (german: Verwaltungsgerichtshof or ) is the appellate court to which appeals may be made from the decisions of the country's eleven administrative trial courts. The Supreme Administrative Court also resolves demarcation disputes within the administrative court system and hears complaints about administrative trial courts that fail to issue verdicts legally required of them in a timely manner. The court does not have a fixed number of members. The theoretical minimum is seven; the actual number, as of June 2018, is about seventy. Members are appointed by the President of Austria on nomination of the cabinet. With respect to most appointments, the cabinet is limited to choosing from a shortlist of three candidates provided by the court. The court is subdivided into 21 panels of three to five members each, each panel handling cases in a specific area of law. The current president of the Supreme Administrative Court, appoin ...
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Wien - Ehemalige Böhmische Hofkanzlei
en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST = CEST , utc_offset_DST = +2 , blank_name = Vehicle registration , blank_info = W , blank1_name = GDP , blank1_info = € 96.5 billion (2020) , blank2_name = GDP per capita , blank2_info = € 50,400 (2020) , blank_name_sec1 = HDI (2019) , blank_info_sec1 = 0.947 · 1st of 9 , blank3_name = Seats in the Federal Council , blank3_info = , blank_name_sec2 = GeoTLD , blank_info_sec2 = .wien , website = , footnotes = , image_blank_emblem = Wien logo.svg , blank_emblem_size = Vienna ( ; german: Wien ; bar, ...
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Pacta Sunt Servanda
''Pacta sunt servanda'', Latin for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th. Modern Jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in commerce, including the assumption of good faith. While most jurisdictions in the world have some form of good faith within their lega ...
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President Of Austria
The president of Austria (german: Bundespräsident der Republik Österreich) is the head of state of the Republic of Austria. Though theoretically entrusted with great power by the Constitution, in practice the president is largely a ceremonial and symbolic figurehead. The office of the president was established in 1920 following the collapse of the Austro-Hungarian Empire and the Habsburg monarchy in 1918. As head of state, the president succeeded the chair of the Constituent Assembly, the post-monarchic provisional legislature. Originally intended to be chosen directly by the Austrian people through universal suffrage every six years, the president was instead appointed by the legislative Federal Assembly until 1951, when Theodor Körner became the first popularly-elected president. Since the institution of the popular vote, only nominees of the Social Democratic Party and the People's Party had been elected to the presidency, with the exception of the Green-endorsed incumb ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ...
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Ex Tunc
''Ex tunc'' is a legal term derived from Latin, and means "from the outset". It can be contrasted with '' ex nunc'', which means "from now on". An example of usage of the term can be found in contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ..., where voidance of a contract can lead to it either being void ''ex nunc'', i.e. from then on, or ''ex tunc'', in which case it is treated as though it had never come into existence. Another example can be found in the ecclesiastical courts. These courts, after the conciliatory of Trente 1582, were granted the right to nullify a marriage ''ex tunc'', meaning there was good reason it should be nullified. The consequence is that said couple were never married in the eyes of the church and can get married again by a priest, which they ...
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Federated States
A federated state (which may also be referred to as a state, a province, a region, a canton, a land, a governorate, an oblast, an emirate or a country) is a territorial and constitutional community forming part of a federation. Such states differ from fully sovereign states, in that they do not have full sovereign powers, as the sovereign powers have been divided between the federated states and the central or federal government. Importantly, federated states do not have standing as entities of international law. Instead, the federal union as a single entity is the sovereign state for purposes of international law.Crawford, J. (2006). The Creation of States in International Law. Oxford, Clarendon Press. Depending on the constitutional structure of a particular federation, a federated state can hold various degrees of legislative, judicial, and administrative jurisdiction over a defined geographic territory and is a form of regional government. In some cases, a federation is cre ...
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