Leslie Massey
Unlike most countries, Austria has had multiple constitutions over the years, rather than a single constitutional document. The country's first constitution was the Pillersdorf Constitution, which was adopted in 1848. This was followed by the Stadion Constitution, which was in force from 1848 to 1851, and then the October Diploma from 1860 to 1865, and the February Patent from 1861 to 1865. The Federal Constitution of Austria, the country's current constitution, was first adopted on 1 October 1920 and came into force on 10 November 1920. It was amended in 1925 and 1929, and rendered inoperative in 1934 when the ruling Christian Social Party replaced it with a new basic law defining Austria as an authoritarian corporate state. The Federal Constitution was reinstated on 1 May 1945, following the collapse of Nazi Germany, and remains in effect today, although it has been heavily modified and amended.
| Characteristics | Values |
|---|---|
| Date of adoption | 1 October 1920 |
| Date entered into force | 10 November 1920 |
| Date reinstated | 1 May 1945 |
| Date revised | 2009, 2013 |
| Type of document | Federal constitutional law |
| Number of documents | Several |
| Rights | Human rights, citizen rights |
| Defence | Military, intellectual, civil, economic |
| Suffrage | Proportional representation |
| Voting restrictions | Over 16 to vote, over 18 to be eligible for election |
| Bicameral parliament | Yes |
| Election period | 4 years |
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What You'll Learn
- The Austrian Federal Constitutional Law was adopted on 1 October 1920
- Austria has had multiple constitutions, including the Pillersdorf Constitution in 1848
- The Basic Law on the General Rights of Citizens of 1867 was designated as constitutional law
- The Austrofascist constitution was in force until 1938 when Austria was annexed by Nazi Germany
- The Austrian constitution was reinstated on 1 May 1945
The Austrian Federal Constitutional Law was adopted on 1 October 1920
The Austrian Federal Constitutional Law, also known as the Bundes-Verfassungsgesetz (B-VG), was adopted on 1 October 1920. It is the most important constitutional document in Austria, though the country is governed by several documents that have constitutional status. The B-VG was based on drafts by the "Father of the Austrian Constitution", legal philosopher and jurist Hans Kelsen, and was enacted by the Constituent National Assembly.
The Federal Constitutional Law established the Austrian State as a federal republic with a strong bicameral parliament. It also set out the basic structure of the state, democracy, and the courts. The law provided for a federal government to be elected by the National Council, which was composed of members directly elected by the people for a period of four years. The law also stipulated that the federal president was to be elected by the Federal Assembly, meaning jointly by the National Council and the Federal Council.
The first federal president, the independent jurist Michael Hainisch, was elected in December 1920. An amendment to the Federal Constitutional Law in 1929 provided that the federal president would henceforth be directly elected by the people. The Austrian constitution was amended several times between 1920 and 1934, when it was rendered inoperative.
Following years of political strife and the erosion of the rule of law, the Austrofascist constitution was put in place in 1934, defining Austria as an authoritarian corporate state. This constitution was in force until 1938 when Austria was annexed by Nazi Germany. The Austrian Constitution was reinstated on 1 May 1945, after the collapse of Nazi Germany, and remains in effect today, though it has been heavily modified and amended.
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Austria has had multiple constitutions, including the Pillersdorf Constitution in 1848
The history of Austria's constitution is a long and complex one, with the country having had multiple constitutions over the years. One of the earliest was the Pillersdorf Constitution, which came into effect on 25 April 1848. This constitution was short-lived, however, as it was replaced just a month later on 16 May and then completely withdrawn in July. Despite its brief existence, the Pillersdorf Constitution was significant as it called for public, oral, and jury trials.
The Pillersdorf Constitution was replaced by the Kremsier Constitution, which was created by the Kremsier Parliament. This constitution, too, had a short lifespan as it was in force only between 4 and 7 March 1849 before being replaced by the March Constitution. The March Constitution, in turn, was revoked by the New Year's Eve Patent (Silvesterpatent) of Emperor Franz Joseph I on 31 December 1851.
Following the Pillersdorf Constitution, Austria saw several other constitutions over the next few decades, including the "irrevocable" Stadion Constitution from 1848 to 1851, the October Diploma in 1860, and the February Patent from 1861 until 1865. During this period, Austria underwent significant constitutional reform, with debates over the balance of power between the central government and the provinces.
In 1920, the Federal Constitution of Austria (Bundes-Verfassungsgesetz, or B-VG) was enacted, forming the basis of the country's constitutional law. However, it did not include a bill of rights, and provisions on civil liberties were spread across various pieces of legislation. The B-VG underwent numerous amendments and revisions over time. In 1934, Austria's constitution was replaced by a new basic law defining the country as an authoritarian corporate state under the ruling Christian Social Party, which had adopted Austrofascism.
Austria's current constitution was reinstated on 1 May 1945, after the country re-established its independence following the collapse of Nazi Germany. The constitution has been heavily modified since then, with the modifications made in 1929 still remaining in effect. The most recent revision to the constitution occurred in 2013.
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The Basic Law on the General Rights of Citizens of 1867 was designated as constitutional law
The history of Austria's constitution is a long and complex one, with the country having been governed by multiple constitutions over the years. The Basic Law on the General Rights of Citizens of 1867, also known as the Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger, was designated as constitutional law during a period of significant constitutional reform in the country.
The mid-19th century was a time of political upheaval in Austria, with the failure of Habsburg foreign policy and the disbandment of the Frankfurt National Assembly in 1849 creating a push for constitutional change. This led to the creation of several constitutions, including the Pillersdorf Constitution in 1848, the "irrevocable" Stadion Constitution, which was in place from 1848 to 1851, the October Diploma in 1860, and the February Patent, which was in effect from 1861 until 1865.
The Basic Law on the General Rights of Citizens of 1867 was just one of many constitutional provisions that made up Austria's legal system. Over time, the system became filled with thousands of constitutional provisions, spread across numerous acts. This complexity led to situations where laws that were considered "constitutionally problematic" were enacted, effectively protecting them from judicial review by the Constitutional Court. Despite this complexity, the Basic Law on the General Rights of Citizens of 1867 played an important role in outlining the rights of citizens during a period of constitutional flux in Austria.
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The Austrofascist constitution was in force until 1938 when Austria was annexed by Nazi Germany
Austria has been governed by multiple constitutions since the 19th century. The country's first constitution, the Pillersdorf Constitution, was established in 1848, followed by the "irrevocable" Stadion Constitution from 1848 to 1851. Other constitutions that have governed Austria include the October Diploma (1860), the February Patent (1861-1865), and the B-VG (first enacted on October 1, 1920).
In 1934, following a period of violent political strife and the erosion of the rule of law, the ruling Christian Social Party adopted full-scale Austrofascism and replaced the existing constitution. This new Austrofascist constitution, which came into force on May 1, 1934, transformed Austria into an authoritarian corporate state. The Austrofascist constitution abolished direct parliamentary elections and concentrated power in the hands of a single leader, Chancellor Dollfuss.
Chancellor Dollfuss ruled under what amounted to martial law until his assassination on July 25, 1934, during the Nazi July Putsch. He was succeeded by Kurt Schuschnigg, who became the leader of the Fatherland Front and the Chancellor of Austria. The Fatherland Front, strongly linked to the Catholic clergy, established an authoritarian and corporatist regime known as the Federal State of Austria or the "corporate state".
In 1938, just a few years after the Austrofascist constitution was implemented, Austria was annexed by Nazi Germany. This annexation, known as the Anschluss, ended Austria's sovereignty and marked the end of the Austrofascist constitution. The Fatherland Front was banned, and Austria became a part of Germany until 1955, when the Austrian State Treaty ended the Allied occupation.
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The Austrian constitution was reinstated on 1 May 1945
Austria has been governed by multiple constitutions over the years. The Austrian Constitution was reinstated on 1 May 1945, after the country re-established itself as an independent republic shortly before Nazi Germany's collapse. The Federal Constitutional Law (Bundes-Verfassungsgesetz) is the most important constitutional document in Austria, and it was first enacted on 1 October 1920. It was amended in 1925 and 1929, and rendered inoperative in 1934 when the ruling Christian Social Party replaced it with a new basic law defining Austria as an authoritarian corporate state. This Austrofascist constitution was in force until 1938 when Austria was annexed by Nazi Germany.
The Federal Constitutional Law of 1920 established a strong bicameral parliament, composed of the National Council (Nationalrat) and the Federal Council (Bundesrat). The National Council's members are directly elected by the people for a period of four years. The federal government is elected by the National Council and depends on its confidence. The Federal Constitutional Law also provided that the federal president would be elected by the Federal Assembly, meaning jointly by the National Council and the Federal Council. The first federal president, the independent jurist Michael Hainisch, was elected in December 1920.
In 1929, an amendment to the Federal Constitutional Law provided that the federal president would henceforth be directly elected by the people. The modifications enacted in 1929 were not rescinded when the Austrian Constitution was reinstated in 1945 and remain in effect today. However, the constitution has been heavily modified and amended since then.
Austria's constitutional framework characterises the republic as a federation consisting of nine autonomous federal states, each with its own constitution defining it as a republican entity. The Austrian legal system has thousands of constitutional provisions, spread across numerous acts. The legislature has, at times, enacted laws considered "constitutionally problematic", effectively protecting them from judicial review by the Constitutional Court.
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Frequently asked questions
Austria has been governed by multiple constitutions over the years, with the first being the Pillersdorf Constitution in 1848.
The Austrian Federal Constitutional Law was reinstated on May 1, 1945, after the fall of Nazi Germany.
The Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz) is the most important constitutional document in Austria. It was first adopted on October 1, 1920, and established a strong bicameral parliament.
