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- Title
Strukturtheoretische Überlegungen zu den Grenzen einer Totalrevision der Bundesverfassung.
- Authors
Thaler, Michael
- Abstract
Art 44 para. 3 of the Austrian Federal Constitutional Law -- B-VG -- provides for a total revision of the constitution. This poses the question whether it is possible for a constitutional law to derogate from the totality of the constitution including Art 44 para. 3 itself. Is the relation between the constitution and a constitutional amendment comparable to the relation between an earlier and a later law in which the later law derogates from the earlier one? Closer analysis leads to the result that this is not the case. If an amendment rule such as Art 44 para. 3 provides for the total revision of the constitution, such a revision applies only to the constitution designated by the amendment rule and not to the amendment rule itself. Otherwise the amendment rule would abdicate from its regulative function as regards constitutional amendments. Based on such an amendment rule it would not be possible to differentiate between a total revision and a revolution.
- Subjects
CONSTITUTIONAL amendments; CONSTITUTIONAL law; FEDERAL laws; CONSTITUTIONS; WOMEN'S suffrage; CONSTITUTIONAL history
- Publication
Journal of Public Law / Zeitschrift für Öffentliches Recht, 2023, Vol 78, Issue 4, p539
- ISSN
0948-4396
- Publication type
Article
- DOI
10.33196/zoer202304053901