Beiträge zur Rechtsgeschichte Österreichs 2 / 2016, pp. 379-396, 2016/10/11
Gerichtsvielfalt in Wien
Forschungen zum modernen Gerichtsbegriff
Separation of Powers is one of the leading principles of the Austrian Federal Constitution. It is considered to have been developed by Montesquieu. A closer examination shows, however, that his ideas differed from the principles which were written into the Austrian constitutions of the 19th and 20th centuries. In particular, the sphere of administration was extended considerably at the cost of the sphere of the judiciary. The introduction of administrative jurisdiction in Austria, which took place in 1876, did not lead to significant changes in this respect. However, the constitutional amendment of 2012 modified the relation between the spheres of administration and the judiciary, so that one can argue that the boundary between these two powers is now situated roughly at the position where Montesquieu would have located it.
Keywords: Administrative Courts - Administrative Tribunals - Administrative Senates - Administrative Justice - Separation of Powers - Charles de Montesquieu - European Convention of Human Rights, article 6
