You are here90 years Constitution of Austria 1920-2010
90 years Constitution of Austria 1920-2010
Mit 90 Jahren zählt die österreichische Bundesverfassung zu den ältesten Verfassungen in Europa.
http://oe1.orf.at/artikel/259635
Constitution of Austria
The Constitution of Austria (Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Bundes-Verfassungsgesetz (B-VG), which includes the most important federal constitutional provisions.
Apart from the B-VG, there are a large number of other constitutional acts (called Bundesverfassungsgesetze, singular Bundesverfassungsgesetz, abbrev. BVG, ie without the dash) and individual provisions in statutes and treaties which are designated as constitutional ("Verfassungsbestimmung"). For example, the B-VG does not include a bill of rights, but provisions on civil liberties are split up over different constitutional legislative acts.
Over time, both the B-VG and the numerous pieces of constitutional law supplementing it have undergone literally hundreds of minor and major amendments and revisions.
The B-VG was based on a draft by Hans Kelsen and first enacted on October 1, 1920. Since political agreement over a bill of rights could not be reached, the "Basic law on the general rights of citizens" (Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger) of 1867 was left in place and designated as constitutional law.
Originally, the B-VG was very parliamentarian in character. The prerogative to enact law was to lie with a comparatively strong parliament, the Federal Assembly composed of two houses, the National Council and the Federal Council. The responsibility for implementing law was to reside with a cabinet headed by a chancellor, who was nominated by the National Council on a motion by its principal committee. A relatively weak president, who was elected by both houses, was to serve as head of state.
In 1929, the constitution underwent a revision significantly broadening the prerogatives of the president. In particular, the president from then on was to be elected directly by the people rather than by the members of the legislature. The president was also to be vested with the authority to dissolve the parliament, a power typically not held by heads of executive branches of parliamentary republics. He also had the authority to formally appoint the chancellor and the cabinet. Although the president was vested with powers comparable to those of the President of the United States, in practice he acted on the advice of the chancellor. This move away from a government steered predominantly by a fairly large and (by definition) fractioned deliberative body towards a system concentrating power in the hands of a single autonomous leader was made in an attempt to appease the para-fascist movements (such as the Heimwehr, the Republikanischer Schutzbund or later the Ostmärkische Sturmscharen) thriving in Austria at that time.
In 1934, following years of increasingly violent political strife and gradual erosion of the rule of law, the ruling Christian Social Party, which by then had turned to full-scale Austrofascism, formally replaced the constitution by a new basic law defining Austria as an authoritarian corporate state. The Austrofascist constitution was in force until Austria was annexed by Nazi Germany in 1938, ceasing to exist as a sovereign state. The Constitution of Austria was eventually reinstated on May 1, 1945, Austria having reestablished itself as an independent republic shortly before Nazi Germany's definitive collapse. The modifications enacted in 1929 were not then rescinded, and essentially remain in effect until this day, although the constitution has been heavily modified and amended since then.
