The traditional narratives of Austrian constitutional law are evolving. Long decried by scholars and practitioners to be “in ruins”, the Austrian Constitution has recently been lauded as “elegant and beautiful” by Austria’s President, thus attempting a paradigm shift in the Austrian public’s perception of its constitution. While some textbooks claim it (still) is a merely formal, “value neutral constitution of game rules” much in the spirit of Hans Kelsen, the Austrian Constitution and its interpretation show more and more signs of converging into a principled, value-oriented and purposive approach common in many other countries. The multinational legal legacy of the Habsburg Empire and its potential for understanding the European integration have been recognized as an asset, just as the ensuing creation of the world’s first constitutional court is of pride and the Austrian Constitution’s leading export.

Keywords: Hans Kelsen; Ruins; Formalism; Values; Empire; Constitutional court

You can download the working paper at Zenodo.