Leslie Massey
Austria is a democratic republic, with a Federal Constitution that was passed on October 1, 1920. The country's politics take place within the constitutional framework of a federal semi-presidential republic, with a President serving as head of state and a Chancellor as head of government. The Austrian Parliament consists of two chambers: the National Assembly and the Federal Council, with the former being the main legislative body. The country's constitution characterizes the republic as a federation consisting of nine autonomous federal states, with each state having a written constitution defining them as republican entities governed according to the principles of representative democracy.
| Characteristics | Values |
|---|---|
| Type of Democracy | Parliamentary democracy, Representative democracy, Direct democracy |
| Type of Republic | Federal semi-presidential republic, Democratic republic |
| Federal Structure | 9 autonomous federal states |
| Head of State | Federal President |
| Head of Government | Chancellor |
| Legislative Power | Federal Government and two chambers of Parliament |
| Judiciary | Independent of the executive and legislative branches of government |
| Equality | All citizens are equal before the law |
| Languages | German is the official language, but specific rights are accorded to recognised linguistic minorities |
| Suffrage | Universal adult suffrage |
| Constitution | Based on the principles of a republican, democratic, and federal state, the rule of law, and the separation of powers |
| Founding Father | Hans Kelsen |
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What You'll Learn
Austria's constitution
Austria is a democratic republic, with laws that are created by the people. The Austrian Federal Constitution was passed by the Constituent National Assembly on 1 October 1920. The Federal Constitution was amended on 7 December 1929 to grant wider powers to the Federal President. The Constitution was then suspended in 1933, and Austria was occupied by the German Reich from 1938 until its liberation in 1945. The Austrian Constitution was reinstated on 1 May 1945, with the 1929 amendments remaining in effect.
The Federal Constitution is the body of all constitutional law in Austria at the federal level. It is made up of many different acts, with the Federal Constitutional Law (Bundes-Verfassungsgesetz, B-VG) at its centre. The B-VG includes the most important federal constitutional provisions, and there are also other 'federal constitutional laws' (Bundesverfassungsgesetze) and individual provisions in statutes and treaties that are designated as constitutional. The Basic Law on the General Rights of Citizens of 1867 was designated as constitutional law as no agreement could be reached on a bill of rights.
The Austrian Parliament consists of two chambers: the National Assembly (Nationalrat) and the Federal Council (Bundesrat). The National Assembly is the main legislative body, and federal legislative power is also vested in the Federal Government. The Federal Government is headed by the Federal Chancellor (Bundeskanzler). The Federal President is the head of state and is elected by popular vote for a term of six years, with a limit of two consecutive terms.
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The Austrian Federal Constitution
Austria is a democratic republic, with its laws emanating from the people, as outlined in Article 1 of the Federal Constitutional Act. The Austrian Federal Constitution was passed by the Constituent National Assembly on October 1, 1920, and entered into force on November 10, 1920. The formulation of the Federal Constitution was a collaborative effort involving representatives of political parties and experts from the State Chancellery, but it was notably influenced by Professor Hans Kelsen, a university professor, legal philosopher, and jurist.
The Federal Constitution underwent amendments over the years, including one in 1929 to grant wider powers to the Federal President. The Austrian Constitution characterises the republic as a federation consisting of nine autonomous federal states (Bundesländer). Each federal state has its own written constitution, defining it as a republican entity governed according to the principles of representative democracy. The state governor exercises federal executive power in the federal states, and the administration of justice proceeds from the federal level.
The Austrian legal system recognises three instruments of direct democracy: referendums (Volksabstimmungen), popular initiatives (Volksbegehren), and national opinion polls (Volksbefragungen). Additionally, the Austrian Constitution was one of the earliest in the world to enact judicial review by a Constitutional Court, demonstrating its commitment to democratic principles and the rule of law. The Constitutional Court is responsible for reviewing legislative acts for their constitutionality, further strengthening the democratic framework of the country.
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The Austrian Parliament
Austria is a democratic republic, with laws that "emanate from the people", as stated in Article 1 of the Federal Constitutional Act. The Austrian Federal Constitution was passed by the Constituent National Assembly on 1 October 1920 and was amended in 1929 to grant wider powers to the Federal President. The Republic of Austria covers a surface area of 84,000 square kilometres and has a population of approximately 8.9 million.
The Federal Government is headed by the Federal Chancellor (Bundeskanzler), who, along with the Vice Chancellor, federal ministers, and state secretaries, conducts government business. The Austrian Parliament plays a crucial role in ensuring that the country's democracy functions effectively. It serves as a forum for discussing and deciding on a wide range of political matters, with its members meeting regularly to address important issues.
The object of parliamentary democracy in Austria is to allow everyone to voice their opinions and defend their interests in a spirit of mutual respect. This is facilitated by the different parties, the rules governing legislation, and parliamentary control. Citizens can also directly participate in this process through referendums, popular initiatives, and national opinion polls.
In conclusion, the Austrian Parliament is a vital component of the country's democratic system, providing a platform for political discourse and decision-making while ensuring that the voices of citizens are heard and their rights are respected.
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The Austrian Republic
The Austrian Parliament consists of two chambers: the National Assembly (Nationalrat) and the Federal Council (Bundesrat). The National Assembly is the main legislative body, and it works in conjunction with the Federal Council, which represents the interests of the provinces in Parliament. Legislative tasks are carried out at the federal level by the National Assembly and the Federal Council, while each of the nine federal states has its own constitution and a degree of autonomy.
The Federal Government is led by the Federal Chancellor (Bundeskanzler), who, along with the Vice Chancellor, federal ministers, and state secretaries, conducts government business. The Federal President (Bundespräsident) is the head of state and is elected by popular vote for a term of six years, with a limit of two consecutive terms. The judiciary in Austria is independent of the executive and legislative branches of government, with the Supreme Court as the final court of appeal.
Austria's political system, known as the Second Republic, was established after the country regained its independence from Nazi Germany in 1945. The Second Republic was founded by three anti-fascist parties: the Socialist Party of Austria (now the Social Democratic Party of Austria), the Christian Social Party (now the Austrian People's Party), and the Communist Party of Austria.
The country's democratic principles are reflected in its commitment to equality before the law, with no distinctions based on birth, gender, status, class, or religion. German is the official language, but recognised linguistic minorities have specific rights. Direct democracy is also practised through referendums, popular initiatives, and national opinion polls.
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The Austrian legal system
Private law, which has its basis in civil law, deals with the legal relations between citizens as subjects of private law. It includes the law of obligations, property law, family law, and inheritance law. Private law is further divided into general private law, which applies to all persons, and specialised forms of civil law, such as commercial law, competition law, transport law, consumer protection law, and employment law.
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Frequently asked questions
Austria is a parliamentary democracy and a federal semi-presidential republic.
The Austrian democracy is governed by the principles of representative democracy and the rule of law. The Austrian Constitution is based on the principles of a republican, democratic, and federal state, with a separation of powers and an independent judiciary.
Austria's political system includes the Federal President, who is the head of state, and the Chancellor, who is the head of government. The Federal Government exercises executive power, while federal legislative power is shared between the Federal Government and the two chambers of Parliament: the National Council and the Federal Council.
Austria's current democratic system was established after World War II, following the country's liberation from Nazi Germany in 1945. The country's first democratic constitution was adopted in 1920, but it experienced periods of occupation and suspension of democracy before regaining its independence.
The Austrian Parliament, consisting of the National Council and the Federal Council, plays a central role in the country's democracy. The judiciary, with its independent courts, and the Constitutional Court are also crucial institutions in safeguarding the democratic principles and protecting citizens' rights.
