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Verwaltungsgerichte, Verwaltungstribunale und Verwaltungssenate

2016, Beiträge zur Rechtsgeschichte Österreichs

Abstract

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 19 th and 20 th 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.