!!!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was rescinded by the  Silvesterpatent of December 31, 1851.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
W. Brauneder and F. Lachmayer, Oesterreichische 
Verfassungsgeschichte, %%sup 6/%1992.


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