Austria's Political System: Checks And Balances Examined

Checks and balances are rules and procedures that prevent any one person or department from having absolute control over decisions and force cooperation in completing tasks. The idea, which dates back to ancient Rome, is commonly used in governments to limit power and is also applied in businesses and other organisations. The US government, for example, exercises checks and balances through its three branches: the legislative, executive, and judicial branches. But does Austria have checks and balances?

The Austrian Federal President

In terms of foreign relations, the Austrian Federal President serves as the chief diplomat of the country. The president can negotiate and sign treaties, receive foreign emissaries, and approve the appointment of consuls.

Another key role of the Austrian Federal President is as commander-in-chief of the Austrian Armed Forces. However, the extent of the president's authority in this area is subject to interpretation and has not been extensively exercised in practice.

Overall, while the Austrian Federal President has considerable powers, they are generally limited and subject to various constraints. The office of the Federal President has historically tended to remain in the background, with the president voluntarily choosing to serve as a ceremonial and symbolic figurehead in many cases.

The Austrian Parliament

Austria is a Federal State composed of nine autonomous federal provinces. The legislative and executive powers are shared by the federal and provincial governments. The legislative branch, or Parliament, is responsible for making laws. The executive branch, headed by the Federal Chancellor, the Vice Chancellor and the Ministers, has the power of veto. The judicial branch can deem laws and executive orders unconstitutional and void.

The Austrian system of checks and balances ensures that each branch exercises control over the others, preventing any one branch from having absolute power.

The Austrian Government

The three separate branches of the Austrian government are the legislative branch (parliament), the executive branch (government, administrative authorities, police), and the judicial branch (courts).

The legislative and executive powers are shared by the federal and provincial governments. Provincial laws and laws pertaining to communities are passed by the provincial diets, and the administration of the provinces lies with the provincial governments. Citizens can also influence provincial legislation through instruments of direct democracy.

The Federal President of Austria has considerable, if limited, powers bestowed by the Constitution. The Federal President, together with the Government, forms the head of the federal administration. The Government comprises the Federal Chancellor, the Vice Chancellor, and the Ministers.

The Austrian Constitution also establishes a Constitutional Court, which is a High Court charged with ensuring compliance with the Constitution. This court can declare laws passed by the National and Federal Councils null and void.

The system of checks and balances in Austria prevents any one branch of government from having absolute control and forces cooperation between the branches.

The Austrian Constitution

The Federal Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split over many different acts, with the Federal Constitutional Law (Bundes-Verfassungsgesetz) at its centre. The Austrian Constitution was first enacted on 1 October 1920, and was reinstated on 1 May 1945 after being replaced by a new basic law in 1934. The Austrian Constitution has been heavily modified and amended since then.

Austria is a democratic republic, and its law emanates from the people. It is a federal state composed of nine autonomous federal provinces. The federal nature of the state is one of the principles laid down in the Constitution and can only be changed by referendum.

The Federal President limits the powers of the parliament and vice versa. The Federal President is mostly associated with state visits, representation and official speeches, but the Constitution bestows considerable powers on them. The Federal President is elected directly by the people and holds office for six years, with a limit of two consecutive terms. They are the head of state and appoint the cabinet, which includes the Federal Chancellor and a number of ministers.

The Constitutional Court is a High Court charged with ensuring compliance with the Constitution. It can declare laws passed by the National and Federal Councils null and void.

The Austrian Federal Chancellor

The chancellor and the cabinet members are appointed and can be dismissed by the Federal President. The Austrian Parliament does not need to confirm these appointments, but it can pass a vote of no confidence against individual members of the cabinet or the entire administration, leading to their resignation.

The chancellor's power in the legislature depends on the size of their affiliated parliamentary group. Typically, the chancellor is the leader of the party most represented in the National Council. The chancellor's role in the cabinet is characterised as that of a primus inter pares, and their policy-setting power stems from the inherent prestige of the office, the requirement for the president to dismiss ministers at the chancellor's request, and their leadership position in the party or coalition controlling the National Council.

The chancellor's responsibilities include submitting bills passed by the National Council to the president for certification, announcing new laws, treaties, and Constitutional Court decisions, and acting as an intermediary between various branches of government. The chancellor also becomes the Acting President if the president is incapacitated for up to 20 days.

Frequently asked questions