Verfassungsgeschichte#

Constitution, History of the Austrian: Up to 1848, the chief documents that embodied the fundamental organising principles of political entities were the "landstaendische Ordnungen" ("Estate Regulations"). The first "constitution" in Austrian history was the "imposed" (= granted) Pillersdorf Constitution of April 25, 1848. The Constituent Reichstag, opened on July 22, 1848, completed a constitutional draft in Kremsier. It was dissolved, however, on March 7, 1849 before the draft was adopted. On March 4, 1849 the Imposed Constitution was enacted, which did not, however, become effective and was rescinded by the Silvesterpatent of December 31, 1851. After the Austrian defeat during the Sardinian War of 1859 a new draft constitution was prepared ( Oktoberdiplom of October 20, 1860), but it was opposed by Hungary and German liberals. In the February Patent of February 26, 1861 a distinction between a restricted and a broader Reichsrat was therefore made, and its powers were broader than those granted by the Oktoberdiplom. Hungary again refused to send delegates to this Reichsrat. In 1865 the constitution was suspended; after the Austro-Hungarian Compromise the western part of the monarchy was also given a new constitution. The Constitution of 1861 was extended by 5 fundamental laws to form the Dezemberverfassung (December Constitution) of 1867, which remained effective until the fall of the monarchy. On October 30, 1918 the provisional National Assembly of Deutsch-Oesterreich passed the "resolution on the fundamental institutions of the state authority" (draft by K. Renner). The Constituent National Assembly, elected in February 1919, adopted the Constitution of the Republic on October 1, 1920, which was drafted by H. Kelsen, but also heavily influenced in terms of its contents by K. Renner, M. Mayr and other politicians. The Bundes-Verfassungsgesetz (Federal Constitutional Law) of 1920 provided for a strong parliament, with the government dependent on parliamentary support. Some unresolved issues were dealt with in 1922 (Finanzverfassungsgesetz, Financial Constitutional Law) and 1925 (constitutional and administrative reform, "executive federalism"). The constitutional amendment of 1929 strengthened the position of the Federal President and of the second chamber. The "Constitution of the Federal State of Austria" ( Maiverfassung (May Constitution)) of 1934 was proclaimed by the Dollfuss administration as a decree and was only subsequently sanctioned by the rump parliament (without social-democratic delegates). With the Declaration of Independence of April 27, 1945 and the Verfassungs-Ueberleitungsgesetz (Law of Constitutional Transition) of May 1, 1945 Austria returned to the constitution of 1920/29. Numerous amendments, adhesion to international conventions (e.g. the European Human Rights Convention, the UN Convention on Human Rights) and numerous provisions granting exceptions or stating reservations have made the current Constitution an unwieldy document, but repeated criticism of this state of affairs has not yet resulted in a complete restatement of the Federal Constitution. While the Declaration of Independence, State Treaty of Vienna (May 15, 1955) and the Law on Permanent Neutrality (October 26, 1955) determine Austria's position in the international community, more recent Constitutional Amendments aim at meeting demands for more stringent provisions on the protection of the individual (for example by establishing an Ombudsman's Office 1977/82) or the environment (1984). Central principles of the Austrian Constitution are the democratic, the republican, and the constitutional principles, the principle of the federal state and that of the separation of powers.

Literature#