!!!Maiverfassung
Maiverfassung 1934 (May Constitution of 1934), drafted by O. Ender;
promulgated on April 24, 1934 by means of an executive decree which
the government was entitled to pass under the War Economy Empowering
Act (Kriegswirtschaftliches Ermaechtigungsgesetz) adopted in 1917.
This act enabled the executive branch to issue regulations aiming at
an acceleration of reconstruction efforts in times of war. The act had
never been abolished after Word War I and was thus illicitly adapted
to the needs of the authoritarian government. With 74 to 2 votes the
new constitution was adopted by a rump parliament (76 of 165 members)
which had not met since 1933 and was convened for one last session on
April 30, 1934. The constitution was re-promulgated on May 1, 1934.
Austria thus became a federal state based on Christian and corporate
principles. Legislative and executive powers were distributed among
federal, provincial and local authorities. Vienna was made the centre
of government and the federal capital of Austria. Members of the
advisory bodies (Staatsrat, Bundeskulturrat, Laenderrat) were to be
appointed by the Federal President. Government bills were to be
discussed in the Bundestag, which was composed of members of the
advisory bodies. In special cases (e.g. for drawing up a list of three
candidates for the federal presidency) a joint session of the members
of the advisory bodies (called Bundesversammlung) was to be held. The
Federal President was to be elected by the Austrian mayors. Seven
corporate groups were to be set up but only two of them (the civil
servants and the agricultural and forestry workers) ever came into
being. The executive was given complete control over the legislative
branch of government, which had so far been in the hands of the
Bundesrat and the Nationalrat. This constitution, which was gradually
put into force by means of an interim constitutional regulation,
formed the legal basis for the Corporate State and was also to
constitute the formal basis for the Anschluss.
!Literature
A. Merkl, Die staendisch-autoritaere Verfassung
Oesterreichs, 1935; E. Huber, Die Verfassung des Staendestaates in
ihrer politischen Auswirkung, doctoral thesis, Vienna 1961; G.
Jagschitz, Der oesterreichische Staendestaat 1934-38, in: E. Weinzierl
and K. Skalnik (eds.), Oesterreich 1918-38 vol. 1, 1983.
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