Lyla Lindsey
Unlike most countries, Austria's constitution is not based on a single document but is instead made up of several documents with constitutional status. The most important of these is the Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz), which was adopted by the Constituent National Assembly on October 1, 1920, and established Austria as a federal republic with a strong bicameral parliament. The Austrian Constitution was also the second in the world to enact judicial review by a Constitutional Court.
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What You'll Learn
- The Austrian Constitution was based on the idea of a strong bicameral parliament
- The Federal Constitutional Law established the Austrian State as a federal republic with a strong bicameral parliament
- The Austrian Constitution was one of the earliest to have judicial review
- The Austrian Constitution has several documents with constitutional status, not just one
- The Austrian Constitution was influenced by the need to unify German-speaking provinces
The Austrian Constitution was based on the idea of a strong bicameral parliament
The Austrian Constitution was established in 1920 and reinstated in 1945 after World War II. It was based on the idea of a strong bicameral parliament, with the Federal Constitutional Law setting out the basic structure of the state, democracy, and the courts. The Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz) is the most important constitutional document in Austria, and it outlines the country's system of government.
The Austrian Constitution established a strong bicameral parliament composed of two chambers: the National Council (Nationalrat) and the Federal Council (Bundesrat). The National Council is the lower house of the Austrian Parliament, and its members are directly elected by the people for a four-year term. The National Council is responsible for electing the federal government and holds the power to dismiss it. The Federal Council, on the other hand, is the upper house and represents the interests of the provinces. Its members are delegated by the provinces.
The Federal Constitutional Law also established the position of the Federal President, who is jointly elected by the National Council and the Federal Council. Amendments to the law in 1929 provided that the Federal President would be directly elected by the people. The President has the power to dissolve the National Council, but this can only be done once for the same reason during their term of office. Additionally, the President does not have the power to veto specific acts of legislation.
The Austrian Constitution also established the Constitutional Court, which has the power to review the constitutionality of legislation. This system of judicial review, known as the "Austrian system", was one of the earliest in the world. The Constitutional Court can declare a law unconstitutional, but it does not have the power to overturn it. Instead, it can only threaten to dismiss the government or dissolve the National Council before the bill is passed.
The Austrian Constitution has undergone several revisions and amendments since its inception, reflecting the country's evolving political and social landscape. Notably, the inclusion of a comprehensive bill of rights was a controversial topic, and the representatives ultimately adopted the rights enshrined in the Basic Law on the General Rights of Nationals of 1867.
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The Federal Constitutional Law established the Austrian State as a federal republic with a strong bicameral parliament
The Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz) was adopted by the Constituent National Assembly on October 1, 1920, and came into force on November 10, 1920. It was amended in 1925 and 1929, and rendered inoperative in 1934. After World War II, in 1945, the Federal Constitutional Law was reinstated.
The Austrian Constitution was the second in the world to enact judicial review by a Constitutional Court. The Austrian system, as it came to be known, is a scheme of a separate constitutional court able to review legislative acts for their constitutionality. The Constitutional Court can also revise national laws according to the constitution. The Austrian legal system has thousands of constitutional provisions, split across numerous acts.
The Austrian Constitution also includes a comprehensive bill of rights. It adopts the rights enshrined in the Basic Law on the General Rights of Nationals of 1867. There are also some isolated provisions in the Federal Constitutional Law that grant civil and political rights and procedural guarantees. After Austria joined the Council of Europe in 1955, the European Convention on Human Rights (ECHR) and its first additional protocol were awarded constitutional law status in 1964.
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The Austrian Constitution was one of the earliest to have judicial review
The Austrian Constitution, also known as the Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz), came into force on November 10, 1920. It was one of the earliest constitutions to include judicial review by a Constitutional Court, a scheme that came to be known as the "Austrian system".
The Austrian Constitution was drafted in 1919 by the university professor, legal philosopher, and jurist Hans Kelsen, also known as the "Father of the Austrian Constitution". Kelsen was tasked with this job by Karl Renner, the then-chancellor of the Austrian republic. The draft was revised multiple times over more than a year, with the division of powers between the federation and the provinces proving particularly controversial.
The Austrian Constitution established the country as a federal republic with a strong bicameral parliament, composed of the National Council (Nationalrat) and the Federal Council (Bundesrat). The federal government is elected by the National Council and depends on its confidence. The federal president, on the other hand, is elected by the Federal Assembly, meaning jointly by the National Council and the Federal Council.
The Austrian Constitution also gave the Constitutional Court the power to review the constitutionality of legislation. This court was established in 1919 and gained the right to revise the laws of the federal states in the same year. After the new constitution was adopted in 1920, the court was also entitled to revise national laws according to the constitution.
The Austrian Constitution has been amended several times since its inception, including in 1925, 1929, and 2009. It was rendered inoperative in 1934 but was reinstated in 1945 after World War II.
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The Austrian Constitution has several documents with constitutional status, not just one
Unlike most countries, Austria has several documents with constitutional status, not just one. The most important of these is the Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz), which was adopted by the Constituent National Assembly on 1 October 1920 and entered into force on 10 November 1920. It was amended in 1925 and 1929 and rendered inoperative in 1934. After World War II, in 1945, the Federal Constitutional Law was reinstated. This law established the Austrian State as a federal republic with a strong bicameral parliament and set out the basic structure of the state, democracy, and the courts.
The Austrian Constitution was the second in the world to enact judicial review by a Constitutional Court, nearly contemporaneously with Czechoslovakia. The Austrian system, as it came to be known, established a separate constitutional court that could review legislative acts for their constitutionality. The Austrian Constitution has been revised several times since its adoption, with the most recent revisions taking place in 2009 and 2013.
The process of drafting the Austrian Constitution began in 1919 when Karl Renner, the then-chancellor of the Austrian republic, tasked university professor, legal philosopher, and jurist Hans Kelsen with producing a draft constitutional text. The draft was revised multiple times over more than a year, with the division of powers between the federation and the provinces proving particularly controversial. Kelsen's influence is particularly noticeable in the rules on the composition of the Federal Council (Bundesrat), whose members were delegated by the provinces and represented their interests, and the establishment of the Federal Constitutional Court.
Another controversial topic was the inclusion of a comprehensive bill of rights. As no agreement could be reached on a new catalog of rights, the representatives decided to adopt the rights enshrined in the Basic Law on the General Rights of Nationals of 1867. There are a few isolated provisions in the Federal Constitutional Law that grant civil and political rights and procedural guarantees. In 1964, after Austria joined the Council of Europe in 1955, the European Convention on Human Rights (ECHR) and its first additional protocol were awarded constitutional law status.
The Austrian Constitution has several unique features, such as the relative ease with which it can be changed. Constitutional amendments can be enacted as separate constitutional acts or even as simple sections within any act, designated as "constitutional" (Verfassungsbestimmung). This has resulted in thousands of constitutional provisions spread over numerous acts. Additionally, the Austrian Constitution provides for a strong bicameral parliament, composed of the National Council (Nationalrat) and the Federal Council (Bundesrat). The federal government is elected by the National Council, and the federal president is jointly elected by the National Council and the Federal Council.
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The Austrian Constitution was influenced by the need to unify German-speaking provinces
The Austrian Constitution was established in 1919 and came into effect in 1920, with the right to revise the laws of the federal states. The Austrian Constitution was influenced by the need to unify German-speaking provinces, which was a complex process due to the diverse agendas of nationalists, liberals, commercial and merchant interests, and aristocratic interests.
The Austrian Empire, which had dominated Central Europe through Habsburg leadership of the German Confederation, lost its influence over German-speaking lands after the 1859 Franco-Austrian War and the 1866 Austro-Prussian War. This led to internal difficulties, as various nationalities within the monarchy pressed for autonomy, challenging the unity of the German-speaking provinces.
Following the Napoleonic Wars, the Congress of Vienna in 1815 established an alliance between Austria, Britain, Prussia, and Russia, known as the Quadruple Alliance. This congress endorsed Austrian dominance in Central Europe, but failed to account for Prussia's growing strength, which would eventually challenge Austria's leadership over German-speaking peoples. This dynamic, known as German dualism, presented two options for unification: excluding Austria (Kleindeutsche Lösung) or including it (Großdeutsche Lösung).
The unification of Germany, which commenced in 1866 with the adoption of the North German Confederation Treaty, was a process of creating the first nation-state for Germans, excluding the multi-ethnic Austria and its German-speaking part. This further complicated Austria's efforts to unify German-speaking provinces under its influence.
The Austrian Constitution of 1920 reflected the country's need to establish its identity and assert its independence, especially in the face of competing interests and the loss of influence in German-speaking lands. It provided a framework for governing the country and safeguarding its democratic freedoms, as well as regulating the activities of foreign agents and the transfer of federal competences to Austrian agents.
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Frequently asked questions
The Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz) was influenced by the need to establish a strong bicameral parliament and set out the basic structure of the state, democracy, and the courts.
The legal philosopher and jurist Hans Kelsen, also known as the "Father of the Austrian Constitution," was tasked with producing a draft constitutional text in 1919.
The Austrian Federal Constitutional Law was adopted on October 1, 1920, and came into force on November 10, 1920. It was reinstated in 1945 after World War II.
