!!!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was rescinded by the Silvesterpatent of December 31, 1851.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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