Constitution of Austria
Encyclopedia
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.
in 1848, the "irrevocable" Stadion Constitution
from 1848 to 1851, the October Diploma
in 1860, the February Patent
from 1861 until 1865.
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.
, Scotland
, or Hokkaidō
and home to an ethnically and culturally homogeneous population of barely more than eight million people. Given that almost one fourth of its inhabitants are concentrated in the city of Vienna
and its adjacent suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. Austria's constitutional framework nevertheless characterizes the republic as a federation
consisting of nine autonomous federal states:
Just like the federation, the nine states of Austria
all have written state constitutions
defining them to be republic
an entities governed according to the principles of representative democracy
. The state constitutions congruently define the states to be unicameral
parliamentary
democracies; each state has a legislature elected by popular vote and a cabinet appointed by its legislature. The federal constitution defines Austria itself as a bicameral
parliamentary
democracy with near-complete separation of powers
. Austria's government structure is thus highly similar to that of incomparably larger federal republics such as Germany
or the United States
. The main practical difference between Austria on the one hand and Germany or the United States on the other hand is that Austria's states have comparatively little autonomy: almost all matters of practical importance,including but not limited to defense, foreign politics, criminal law, corporate law, most other aspects of economic law, education, academia, welfare, telecommunications, and the health care system, lie with the federation. This is also true for the judiciary system, which is exclusively federal in Austria, meaning that there are no state courts.
powers are vested with a body the constitution refers to as a parliament
. Ever since the somewhat paradoxical 1929 revision of the constitution, which strengthened the formal separation of powers
in Austria at the instigation of sympathizers of fascism, Austria's legislature technically bears more resemblance to a congress
than to a parliament. As a practical matter, however, it continues to function as a parliament anyway. Austria's parliament consists of two houses, the National Council and the Federal Council. The 183 members of the National Council
are elected by nation-wide popular vote under statutes aiming at party-list proportional representation
. The currently 64 members of the Federal Council
are elected by Austria's nine state legislatures under a statute allocating seats roughly proportional to state population size (The largest Bundesland being entitled to twelve members, the others accordingly, but no state to less than three.) In theory, the National Council and the Federal Council are peers. As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use the term "parliament" to refer to just the National Council instead of to the parliament as a whole.
While bicameral legislatures such as the Congress of the United States allow bills to originate in both chambers, Austrian federal legislation always originates in the National Council, never in the Federal Council. In theory, bills can be sponsored by National Council members, by the federal cabinet
, by popular initiative
, or through a motion supported by at least one third of the members of the Federal Council. In practice, most bills are proposed by the cabinet and get passed after mere token debate. Bills passed by the National Council are sent to the Federal Council for affirmation. If the Federal Council approves of the bill or simply does nothing for a period of eight weeks, the bill has succeeded. Bills passed by both houses (or passed by the National Council and ignored by the Federal Council) are ultimately signed into law by the federal president
. The president does not have the power to veto bills, his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. The president does not even have the authority to refuse signing a bill he or she deems unconstitutional as such; a bill may be vetoed only on the grounds that its genesis, not its substance, is in violation of basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court.
Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it; a National Council resolution overruling a Federal Council objection merely has to meet a higher quorum
than a regular resolution. For this reason, the Federal Council has hardly any real power to prevent the adoption of legislation, the National Council being trivially able to override it. The Federal Council is sometimes compared to the British
House of Lords
, another deliberative body able to stall but usually not to strike down proposed law. While the House of Lords occasionally exercises its stalling power, however, the Federal Council hardly ever does. Since the parties controlling the National Council consistently also hold a majority in the Federal Council, the latter gives its blessing to essentially everything the former has adopted.
authority is vested with the federal president
, an official elected by popular vote for a term of six years and limited to two consecutive terms of office. The president is the head of state
and appoints the federal cabinet
, a body consisting of the federal chancellor
and a number of ministers. The president also appoints the members of the Constitutional Court and numerous other public officials, represents the republic in international relations, accredits foreign ambassadors, and acts as the nominal commander in chief of Austria's armed forces.
While Austria's federal cabinet is technically not answerable to the legislature (except for a motion of censure), it would be almost totally paralyzed without the active support of the National Council. Since constitutional convention
prevents the executive from exerting its authority to dissolve the Nation Council, the president is unable to hector the legislature into doing his or her bidding, and the president's cabinet is for all intents and purposes subject to National Council approval. The cabinet's composition therefore reflects National Council election results rather than presidential election outcomes.
After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. Since this party leader, for all intents and purposes, needs a majority in the National Council, he will usually seek to form a coalition with another political party or parties. The coalition then agrees on a list of ministers, customarily including the coalition parties' leaders. (Obviously, if a party holds a majority in the National Council all by itself, no such coalition is needed. This has happened in the past, but, owing to the growing number of political parties in Austria and the system of proportional representation
will not likely again any time soon.)
The list is then submitted to the president by the chancellor-to-be; the president usually adopts it without much argument, although there has been at least one case in recent history where the president did refuse to install a minister. The president retains the right to dismiss the whole cabinet at will, or certain ministers of it at the request of the chancellor. Although elected for a four year term (changing to five after the next elections), the National Council can dissolve itself at any time, bringing about new elections.
The federal chancellor's dual role as executive officeholder and heavyweight party official well-connected to the legislature makes him or her far more powerful than the formally senior federal president. Actual executive authority thus lies with the chancellor and his or her ministers, while the federal president is a figurehead rather than an actual head of government. Austria's presidents are largely content with their ceremonial role,
striving for the role of impartial mediator and dignified Elder Statesman, and more or less consistently steer clear of the murky waters of hands-on politics. The stern frown worn by the late president Thomas Klestil
while swearing in Wolfgang Schüssel
's controversial cabinets was at the time widely considered the strongest unilateral political statement made by any Austrian president. In recent times, however, the current holder of office, Heinz Fischer, has been known to comment on current political issues from time to time.
authority, in particular responsibility for judicial review
of administrative acts
, lies with the Administrative and Constitutional Court System, a structure essentially consisting of the Constitutional Court and the Administrative Court. The Constitutional Court examines the constitutionality of laws passed by Parliament, the legality of regulations by Federal ministers and finally alleged infringements of constitutional rights of individuals through acts of the administration. It also tries disputes between the federation and its member states, demarcation disputes between other courts and impeachments of the federal president (serving as State Court in that matter.)
The Administrative Court tries all kinds of cases which involve ex officio decisions by public officials or bodies and which are not dealt with by the Constitutional Court. Note that only the Constitutional Court has the authority to strike down laws.
In recent years, an increasing number of tribunals of a judicial nature (article 133 point 4 B-VG) have been introduced in a number of areas to improve the review of the conduct of administrative authorities. The most important among them are the Länder independent administrative chambers (Unabhängige Verwaltungssenate - UVS), who decide, amongst other things, on second authority in proceedings relating to administrative contraventions as well as recourses against acts of direct exercise of command and constraint power from administrative authorities. Other such chambers are competent in the area of tax law (Unabhängiger Finanzsenat- UFS), in terms of asylum (Unabhängiger Bundesasylsenat - UBAS), in relation to environmental matters (Unabhängiger Umweltsenat) or in the field of telecommunications (Unabhängiger Bundeskommunikationssenat). Although all these tribunals are formally part of the administrative organization, their members have guarantees of independence and irremovability and may thus be compared to jurisdictions. Their rulings may be challenged before the Administrative or the Constitutional Court.
The Austrian constitution was the second in the world (after Czechoslovakia) to enact (in 1920) judicial review under what came to be known as the "Austrian system", where a separate constitutional court reviews legislative acts for their constitutionality. After the U.S.
and Australia
, where the regular court system is in charge of judicial review, Austria was the third country in the world to have judicial review
at all. Many European countries adopted the Austrian system of review after World War II
.
, implements civil law
and therefore lacks the distinction between courts of law and courts of equity sometimes found in common law
jurisdictions. Civil courts do not try suits against the federation or its states in their capacity as administrative units, but only when acting in the form of private law
.
Most cases are tried before District Courts (Bezirksgerichte, abbrev.: BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev.: LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev.: OGH) serving as the court of last resort. In cases considered particularly grave or technically involved, the Regional Courts serve as courts of first instance and specialized Regional Courts of Appeal (Oberlandesgerichte, abbrev.: OLG, singular: Oberlandesgericht) serve as courts of appeal, the Supreme Court still being the court of last resort.
Unlike with court systems such as that of the United States federal judiciary, parties have a statutory right to appeal. Although access to the Supreme Court has been successively restricted to matters of some importance in recent years, higher courts can generally not simply refuse to review a decision reached by subordinate courts.
Note that the Supreme Court (Oberster Gerichtshof - OGH), the Constitutional Court (Verfassungsgerichtshof - VfGH) and the Administrative Court (Verwaltungsgerichtshof - VwGH) are three separate high courts, none being senior to the other two.
, a decree issued by Emperor
Franz Josef on December 21, 1867 in response to pressure by liberal
insurgents.
A very important part of Austria's canon of constitutional civil liberties thus originated as an imperatorial edict predating the current Constitution of Austria by roughly fifty years, the reason being that the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution proper: as a lowest common denominator, they resorted to this Basic Law of 1867. Since then, other civil liberties have been set out in other constitutional laws, and Austria is party to the European Convention of Human Rights, which, too, has been implemented as a directly applicable constitutional law in Austria.
Given the fact that the Constitutional Court has begun to interpret the B-VG's equal treatment clause and other constitutional rights rather broadly since at least the early 1980s, civil rights are, as a general matter, relatively well protected.
the president, who is then tried before the Constitutional Court, serving as State Court, or call for a referendum
to have the federal president removed from office. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming the National Assembly
, and decide on the National Council's motion. If a referendum is held, and the President is not removed from office by popular vote, he is automatically considered re-elected for another six-year term (although he may still not serve for more than twelve consecutive years). The National Council will then be dissolved automatically and new general elections must be held.
The president may also dissolve the National Council, but only once for the same reason during his term of office. Note that the president does not have the power to veto specific acts of legislation: no matter how vehemently he objects to some particular bill, or believes it to be unconstitutional, all he can actually do is threaten to dismiss the government or dissolve the National Council before the bill is actually passed.
Needless to say, none of these emergency powers have been exercised thus far.
need not be incorporated into the main text of the B-VG, or for that matter any of the more important parts of the constitutional body, but can be enacted as a separate constitutional act, or even as a simple section within any act, simply designated as "constitutional" (Verfassungsbestimmung).
In reality, all that is needed is a majority of two-thirds in the National Council. Only in the case of a fundamental change ("Gesamtänderung") of the constitution a confirmation by referendum is required. Austria's accession to EU in 1995 was considered such a change.
Over the years, the Austrian legal system became littered with literally thousands of constitutional provisions, split up over numerous acts. The reason for this was in many cases that the legislature, in particular when the governing coalition possessed a two-thirds majority in the National Council (such as between 1945–1966, 1986–1994, 1995–1999, and again since 2007), laws that were considered "constitutionally problematic" were enacted as constitutional laws, effectively protecing them from judicial review by the Constitutional Court. There have even been cases where a provision, that had been previously declared unconstitutional by the competent Constitutional Court, have subsequently been enacted as constitutional laws. Needless to say, the Constitutional Court did and does not like that practice, and has declared that it might, in a not-too-distant future, consider such changes, in their entirety, as "fundamental change" to the constitution, which would require a public referendum.
From 2003 to 2005, a constitutional convention (Österreich Konvent) consisting of representatives of all parties, representatives of all layers of government and many groups of Austrian society have been debating whether and how to reform the constitution. There was no general consensus on a draft for a new constitution, however. Some minor points that were universally agreed upon have yet to be implemented.
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
on the federal level
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
. 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
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, but provisions on civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
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.
History
Austria has been governed by multiple Constitutions, including the Pillersdorf ConstitutionPillersdorf Constitution
The Pillersdorf Constitution was a constitution of the Austrian Empire promulgated by Minister of the Interior Baron Pillersdorf on 25 April 1848. It called for public, oral, and jury trials. It only lasted until 16 May when it was replaced for a call for a constitutional convention and completely...
in 1848, the "irrevocable" Stadion Constitution
Stadion Constitution
The March Constitution, Imposed March Constitution or Stadion Constitution was a "irrevocable" constitution of the Austrian Empire promulgated by Minister of the Interior Count Stadion between 4 March and 7 March 1849 until it was revoked by the New Year's Eve Patent of Emperor Franz Joseph I on...
from 1848 to 1851, the October Diploma
October Diploma
The October Diploma was a constitution adopted by Habsburg Emperor Franz Joseph on October 20, 1860. The Diploma attempted to increase the power of the conservative nobles by giving them more power over their own lands through a program of aristocratic federalism...
in 1860, the February Patent
February Patent
The February Patent was a document that was adopted in 1861 as a constitution of the Austrian Empire.-Historical background:In the Austrian Empire, the early 1860’s were a period of significant constitutional reforms. The revolutions and unfortunate wars of the late 1840’s-1850’s had created a...
from 1861 until 1865.
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
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
in character. The prerogative to enact law was to lie with a comparatively strong parliament, the Federal Assembly
Federal Assembly of Austria
The Federal Assembly is the name given to a formal joint session of the two houses of the Austrian federal parliament, the National Council and the Federal Council....
composed of two houses, the National Council
National Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...
and the Federal Council
Federal Council of Austria
The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate...
. The responsibility for implementing law was to reside with a cabinet headed by a chancellor
Chancellor of Austria
The Federal Chancellor is the head of government in Austria. Its deputy is the Vice-Chancellor. Before 1918, the equivalent office was the Minister-President of Austria. The Federal Chancellor is considered to be the most powerful political position in Austrian politics.-Appointment:The...
, who was nominated by the National Council on a motion by its principal committee. A relatively weak president
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...
, 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
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, 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
Appeasement
The term appeasement is commonly understood to refer to a diplomatic policy aimed at avoiding war by making concessions to another power. Historian Paul Kennedy defines it as "the policy of settling international quarrels by admitting and satisfying grievances through rational negotiation and...
the para-fascist movements (such as the Heimwehr
Heimwehr
The Heimwehr or sometimes Heimatschutz were a Nationalist, initially paramilitary group operating within Austria during the 1920s and 1930s; they were similar in methods, organisation, and ideology to Germany's Freikorps...
, the Republikanischer Schutzbund
Republikanischer Schutzbund
The Republikanischer Schutzbund was a paramilitary organization established in 1923 by the Sozialdemokratische Arbeiterpartei Österreichs to secure power in the face of rising political radicalization after World War I....
or later the Ostmärkische Sturmscharen
Ostmärkische Sturmscharen
Ostmärkische Sturmscharen was a political paramilitary force founded on December 7, 1930 in Innsbruck, Austria, recruited from the Katholische Jugend , later from journeymen and teacher organisations, forming an opposition to the Heimwehr. Kurt Schuschnigg was its "Reichsführer"...
) thriving in Austria at that time.
In 1934, following years of increasingly violent political strife and gradual erosion of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, the ruling Christian Social Party, which by then had turned to full-scale Austrofascism
Austrofascism
Austrofascism is a term which is frequently used by historians to describe the authoritarian rule installed in Austria with the May Constitution of 1934, which ceased with the forcible incorporation of the newly-founded Federal State of Austria into Nazi Germany in 1938...
, formally replaced the constitution by a new basic law defining Austria as an authoritarian
Authoritarianism
Authoritarianism is a form of social organization characterized by submission to authority. It is usually opposed to individualism and democracy...
corporate state. The Austrofascist constitution was in force until Austria was annexed by Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
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.
Structure
The Republic of Austria is slightly smaller than MaineMaine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, or Hokkaidō
Hokkaido
, formerly known as Ezo, Yezo, Yeso, or Yesso, is Japan's second largest island; it is also the largest and northernmost of Japan's 47 prefectural-level subdivisions. The Tsugaru Strait separates Hokkaido from Honshu, although the two islands are connected by the underwater railway Seikan Tunnel...
and home to an ethnically and culturally homogeneous population of barely more than eight million people. Given that almost one fourth of its inhabitants are concentrated in the city of Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
and its adjacent suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. Austria's constitutional framework nevertheless characterizes the republic as a federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
consisting of nine autonomous federal states:
| English | German |  |
| 1. | Burgenland Burgenland Burgenland is the easternmost and least populous state or Land of Austria. It consists of two Statutarstädte and seven districts with in total 171 municipalities. It is 166 km long from north to south but much narrower from west to east... |
Burgenland Burgenland Burgenland is the easternmost and least populous state or Land of Austria. It consists of two Statutarstädte and seven districts with in total 171 municipalities. It is 166 km long from north to south but much narrower from west to east... |
| 2. | Carinthia Carinthia (state) Carinthia is the southernmost Austrian state or Land. Situated within the Eastern Alps it is chiefly noted for its mountains and lakes.The main language is German. Its regional dialects belong to the Southern Austro-Bavarian group... |
Kärnten Carinthia (state) Carinthia is the southernmost Austrian state or Land. Situated within the Eastern Alps it is chiefly noted for its mountains and lakes.The main language is German. Its regional dialects belong to the Southern Austro-Bavarian group... |
| 3. | Lower Austria Lower Austria Lower Austria is the northeasternmost state of the nine states in Austria. The capital of Lower Austria since 1986 is Sankt Pölten, the most recently designated capital town in Austria. The capital of Lower Austria had formerly been Vienna, even though Vienna is not officially part of Lower Austria... |
Niederösterreich Lower Austria Lower Austria is the northeasternmost state of the nine states in Austria. The capital of Lower Austria since 1986 is Sankt Pölten, the most recently designated capital town in Austria. The capital of Lower Austria had formerly been Vienna, even though Vienna is not officially part of Lower Austria... |
| 4. | Upper Austria Upper Austria Upper Austria is one of the nine states or Bundesländer of Austria. Its capital is Linz. Upper Austria borders on Germany and the Czech Republic, as well as on the other Austrian states of Lower Austria, Styria, and Salzburg... |
Oberösterreich Upper Austria Upper Austria is one of the nine states or Bundesländer of Austria. Its capital is Linz. Upper Austria borders on Germany and the Czech Republic, as well as on the other Austrian states of Lower Austria, Styria, and Salzburg... |
| 5. | Salzburg Salzburg (state) Salzburg is a state or Land of Austria with an area of 7,156 km2, located adjacent to the German border. It is also known as Salzburgerland, to distinguish it from its capital city, also named Salzburg... |
Salzburg Salzburg (state) Salzburg is a state or Land of Austria with an area of 7,156 km2, located adjacent to the German border. It is also known as Salzburgerland, to distinguish it from its capital city, also named Salzburg... |
| 6. | Styria Styria (state) Styria is a state or Bundesland, located in the southeast of Austria. In area it is the second largest of the nine Austrian federated states, covering 16,401 km². It borders Slovenia as well as the other Austrian states of Upper Austria, Lower Austria, Salzburg, Burgenland, and Carinthia. ... |
Steiermark Styria (state) Styria is a state or Bundesland, located in the southeast of Austria. In area it is the second largest of the nine Austrian federated states, covering 16,401 km². It borders Slovenia as well as the other Austrian states of Upper Austria, Lower Austria, Salzburg, Burgenland, and Carinthia. ... |
| 7. | Tyrol Tyrol (state) Tyrol is a state or Bundesland, located in the west of Austria. It comprises the Austrian part of the historical region of Tyrol.The state is split into two parts–called North Tyrol and East Tyrol–by a -wide strip of land where the state of Salzburg borders directly on the Italian province of... |
Tirol Tyrol (state) Tyrol is a state or Bundesland, located in the west of Austria. It comprises the Austrian part of the historical region of Tyrol.The state is split into two parts–called North Tyrol and East Tyrol–by a -wide strip of land where the state of Salzburg borders directly on the Italian province of... |
| 8. | Vorarlberg Vorarlberg Vorarlberg is the westernmost federal-state of Austria. Although it is the second smallest in terms of area and population , it borders three countries: Germany , Switzerland and Liechtenstein... |
Vorarlberg Vorarlberg Vorarlberg is the westernmost federal-state of Austria. Although it is the second smallest in terms of area and population , it borders three countries: Germany , Switzerland and Liechtenstein... |
| 9. | Vienna Vienna Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre... |
Wien Vienna Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre... |
Just like the federation, the nine states of Austria
States of Austria
Austria is a federal republic made up of nine states, known in German as Länder . Since Land is also the German word for a country, the term Bundesländer is often used instead to avoid ambiguity. The Constitution of Austria uses both terms...
all have written state constitutions
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
defining them to be republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
an entities governed according to the principles of representative democracy
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
. The state constitutions congruently define the states to be unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
democracies; each state has a legislature elected by popular vote and a cabinet appointed by its legislature. The federal constitution defines Austria itself as a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
democracy with near-complete separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. Austria's government structure is thus highly similar to that of incomparably larger federal republics such as Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
or the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The main practical difference between Austria on the one hand and Germany or the United States on the other hand is that Austria's states have comparatively little autonomy: almost all matters of practical importance,including but not limited to defense, foreign politics, criminal law, corporate law, most other aspects of economic law, education, academia, welfare, telecommunications, and the health care system, lie with the federation. This is also true for the judiciary system, which is exclusively federal in Austria, meaning that there are no state courts.
Federal legislature
Federal legislativeLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
powers are vested with a body the constitution refers to as a parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
. Ever since the somewhat paradoxical 1929 revision of the constitution, which strengthened the formal separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
in Austria at the instigation of sympathizers of fascism, Austria's legislature technically bears more resemblance to a congress
Congress
A congress is a formal meeting of the representatives of different nations, constituent states, independent organizations , or groups....
than to a parliament. As a practical matter, however, it continues to function as a parliament anyway. Austria's parliament consists of two houses, the National Council and the Federal Council. The 183 members of the National Council
National Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...
are elected by nation-wide popular vote under statutes aiming at party-list proportional representation
Party-list proportional representation
Party-list proportional representation systems are a family of voting systems emphasizing proportional representation in elections in which multiple candidates are elected...
. The currently 64 members of the Federal Council
Federal Council of Austria
The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate...
are elected by Austria's nine state legislatures under a statute allocating seats roughly proportional to state population size (The largest Bundesland being entitled to twelve members, the others accordingly, but no state to less than three.) In theory, the National Council and the Federal Council are peers. As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use the term "parliament" to refer to just the National Council instead of to the parliament as a whole.
While bicameral legislatures such as the Congress of the United States allow bills to originate in both chambers, Austrian federal legislation always originates in the National Council, never in the Federal Council. In theory, bills can be sponsored by National Council members, by the federal cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, by popular initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
, or through a motion supported by at least one third of the members of the Federal Council. In practice, most bills are proposed by the cabinet and get passed after mere token debate. Bills passed by the National Council are sent to the Federal Council for affirmation. If the Federal Council approves of the bill or simply does nothing for a period of eight weeks, the bill has succeeded. Bills passed by both houses (or passed by the National Council and ignored by the Federal Council) are ultimately signed into law by the federal president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
. The president does not have the power to veto bills, his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. The president does not even have the authority to refuse signing a bill he or she deems unconstitutional as such; a bill may be vetoed only on the grounds that its genesis, not its substance, is in violation of basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court.
Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it; a National Council resolution overruling a Federal Council objection merely has to meet a higher quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
than a regular resolution. For this reason, the Federal Council has hardly any real power to prevent the adoption of legislation, the National Council being trivially able to override it. The Federal Council is sometimes compared to the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, another deliberative body able to stall but usually not to strike down proposed law. While the House of Lords occasionally exercises its stalling power, however, the Federal Council hardly ever does. Since the parties controlling the National Council consistently also hold a majority in the Federal Council, the latter gives its blessing to essentially everything the former has adopted.
Federal executive
Federal executiveExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
authority is vested with the federal president
President of Austria
The President of Austria is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead...
, an official elected by popular vote for a term of six years and limited to two consecutive terms of office. The president is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and appoints the federal cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, a body consisting of the federal chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
and a number of ministers. The president also appoints the members of the Constitutional Court and numerous other public officials, represents the republic in international relations, accredits foreign ambassadors, and acts as the nominal commander in chief of Austria's armed forces.
While Austria's federal cabinet is technically not answerable to the legislature (except for a motion of censure), it would be almost totally paralyzed without the active support of the National Council. Since constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
prevents the executive from exerting its authority to dissolve the Nation Council, the president is unable to hector the legislature into doing his or her bidding, and the president's cabinet is for all intents and purposes subject to National Council approval. The cabinet's composition therefore reflects National Council election results rather than presidential election outcomes.
After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. Since this party leader, for all intents and purposes, needs a majority in the National Council, he will usually seek to form a coalition with another political party or parties. The coalition then agrees on a list of ministers, customarily including the coalition parties' leaders. (Obviously, if a party holds a majority in the National Council all by itself, no such coalition is needed. This has happened in the past, but, owing to the growing number of political parties in Austria and the system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
will not likely again any time soon.)
The list is then submitted to the president by the chancellor-to-be; the president usually adopts it without much argument, although there has been at least one case in recent history where the president did refuse to install a minister. The president retains the right to dismiss the whole cabinet at will, or certain ministers of it at the request of the chancellor. Although elected for a four year term (changing to five after the next elections), the National Council can dissolve itself at any time, bringing about new elections.
The federal chancellor's dual role as executive officeholder and heavyweight party official well-connected to the legislature makes him or her far more powerful than the formally senior federal president. Actual executive authority thus lies with the chancellor and his or her ministers, while the federal president is a figurehead rather than an actual head of government. Austria's presidents are largely content with their ceremonial role,
striving for the role of impartial mediator and dignified Elder Statesman, and more or less consistently steer clear of the murky waters of hands-on politics. The stern frown worn by the late president Thomas Klestil
Thomas Klestil
Thomas Klestil was an Austrian diplomat and politician. He was elected the tenth President of Austria in 1992 and was re-elected to the position in 1998...
while swearing in Wolfgang Schüssel
Wolfgang Schüssel
Wolfgang Schüssel is an Austrian People's Party politician. He was Chancellor of Austria for two consecutive terms from February 2000 to January 2007...
's controversial cabinets was at the time widely considered the strongest unilateral political statement made by any Austrian president. In recent times, however, the current holder of office, Heinz Fischer, has been known to comment on current political issues from time to time.
Judicial and administrative review
Federal and state judicialJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
authority, in particular responsibility for judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of administrative acts
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, lies with the Administrative and Constitutional Court System, a structure essentially consisting of the Constitutional Court and the Administrative Court. The Constitutional Court examines the constitutionality of laws passed by Parliament, the legality of regulations by Federal ministers and finally alleged infringements of constitutional rights of individuals through acts of the administration. It also tries disputes between the federation and its member states, demarcation disputes between other courts and impeachments of the federal president (serving as State Court in that matter.)
The Administrative Court tries all kinds of cases which involve ex officio decisions by public officials or bodies and which are not dealt with by the Constitutional Court. Note that only the Constitutional Court has the authority to strike down laws.
In recent years, an increasing number of tribunals of a judicial nature (article 133 point 4 B-VG) have been introduced in a number of areas to improve the review of the conduct of administrative authorities. The most important among them are the Länder independent administrative chambers (Unabhängige Verwaltungssenate - UVS), who decide, amongst other things, on second authority in proceedings relating to administrative contraventions as well as recourses against acts of direct exercise of command and constraint power from administrative authorities. Other such chambers are competent in the area of tax law (Unabhängiger Finanzsenat- UFS), in terms of asylum (Unabhängiger Bundesasylsenat - UBAS), in relation to environmental matters (Unabhängiger Umweltsenat) or in the field of telecommunications (Unabhängiger Bundeskommunikationssenat). Although all these tribunals are formally part of the administrative organization, their members have guarantees of independence and irremovability and may thus be compared to jurisdictions. Their rulings may be challenged before the Administrative or the Constitutional Court.
The Austrian constitution was the second in the world (after Czechoslovakia) to enact (in 1920) judicial review under what came to be known as the "Austrian system", where a separate constitutional court reviews legislative acts for their constitutionality. After the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, where the regular court system is in charge of judicial review, Austria was the third country in the world to have judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
at all. Many European countries adopted the Austrian system of review after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
Judiciary
Judicial powers not committed to the Administrative and Constitutional Court System are vested with the Civil and Criminal Court System, a structure consisting of civil courts on the one hand and criminal courts on the other hand. Civil courts try all cases in which both the claimant and the respondent are private citizens or corporations, including but not limited to contract and torts disputes: Austria's legal system, having evolved from that of the Roman EmpireRoman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
, implements civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and therefore lacks the distinction between courts of law and courts of equity sometimes found in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions. Civil courts do not try suits against the federation or its states in their capacity as administrative units, but only when acting in the form of private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
.
Most cases are tried before District Courts (Bezirksgerichte, abbrev.: BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev.: LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev.: OGH) serving as the court of last resort. In cases considered particularly grave or technically involved, the Regional Courts serve as courts of first instance and specialized Regional Courts of Appeal (Oberlandesgerichte, abbrev.: OLG, singular: Oberlandesgericht) serve as courts of appeal, the Supreme Court still being the court of last resort.
Unlike with court systems such as that of the United States federal judiciary, parties have a statutory right to appeal. Although access to the Supreme Court has been successively restricted to matters of some importance in recent years, higher courts can generally not simply refuse to review a decision reached by subordinate courts.
Note that the Supreme Court (Oberster Gerichtshof - OGH), the Constitutional Court (Verfassungsgerichtshof - VfGH) and the Administrative Court (Verwaltungsgerichtshof - VwGH) are three separate high courts, none being senior to the other two.
Civil and human rights
Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the RealmReichsrat (Austria)
The Imperial Council of Austria from 1867 to 1918 was the parliament of the Cisleithanian part of the Austro-Hungarian Empire. It was a bicameral legislature, consisting of the Herrenhaus and the Abgeordnetenhaus...
, a decree issued by Emperor
Emperor of Austria
The Emperor of Austria was a hereditary imperial title and position proclaimed in 1804 by the Holy Roman Emperor Francis II, a member of the House of Habsburg-Lorraine, and continually held by him and his heirs until the last emperor relinquished power in 1918. The emperors retained the title of...
Franz Josef on December 21, 1867 in response to pressure by liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
insurgents.
A very important part of Austria's canon of constitutional civil liberties thus originated as an imperatorial edict predating the current Constitution of Austria by roughly fifty years, the reason being that the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution proper: as a lowest common denominator, they resorted to this Basic Law of 1867. Since then, other civil liberties have been set out in other constitutional laws, and Austria is party to the European Convention of Human Rights, which, too, has been implemented as a directly applicable constitutional law in Austria.
Given the fact that the Constitutional Court has begun to interpret the B-VG's equal treatment clause and other constitutional rights rather broadly since at least the early 1980s, civil rights are, as a general matter, relatively well protected.
Further checks and balances
In addition to their legislative capacity, the members of the two houses of parliament have the authority to impeachImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
the president, who is then tried before the Constitutional Court, serving as State Court, or call for a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to have the federal president removed from office. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming the National Assembly
National Assembly
National Assembly is either a legislature, or the lower house of a bicameral legislature in some countries. The best known National Assembly, and the first legislature to be known by this title, was that established during the French Revolution in 1789, known as the Assemblée nationale...
, and decide on the National Council's motion. If a referendum is held, and the President is not removed from office by popular vote, he is automatically considered re-elected for another six-year term (although he may still not serve for more than twelve consecutive years). The National Council will then be dissolved automatically and new general elections must be held.
The president may also dissolve the National Council, but only once for the same reason during his term of office. Note that the president does not have the power to veto specific acts of legislation: no matter how vehemently he objects to some particular bill, or believes it to be unconstitutional, all he can actually do is threaten to dismiss the government or dissolve the National Council before the bill is actually passed.
Needless to say, none of these emergency powers have been exercised thus far.
Criticism and reform proposals
Probably the most unusual and problematic aspect of Austrian constitutional law is the relative ease with which it can be changed, combined with the fact that a constitutional amendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
need not be incorporated into the main text of the B-VG, or for that matter any of the more important parts of the constitutional body, but can be enacted as a separate constitutional act, or even as a simple section within any act, simply designated as "constitutional" (Verfassungsbestimmung).
In reality, all that is needed is a majority of two-thirds in the National Council. Only in the case of a fundamental change ("Gesamtänderung") of the constitution a confirmation by referendum is required. Austria's accession to EU in 1995 was considered such a change.
Over the years, the Austrian legal system became littered with literally thousands of constitutional provisions, split up over numerous acts. The reason for this was in many cases that the legislature, in particular when the governing coalition possessed a two-thirds majority in the National Council (such as between 1945–1966, 1986–1994, 1995–1999, and again since 2007), laws that were considered "constitutionally problematic" were enacted as constitutional laws, effectively protecing them from judicial review by the Constitutional Court. There have even been cases where a provision, that had been previously declared unconstitutional by the competent Constitutional Court, have subsequently been enacted as constitutional laws. Needless to say, the Constitutional Court did and does not like that practice, and has declared that it might, in a not-too-distant future, consider such changes, in their entirety, as "fundamental change" to the constitution, which would require a public referendum.
From 2003 to 2005, a constitutional convention (Österreich Konvent) consisting of representatives of all parties, representatives of all layers of government and many groups of Austrian society have been debating whether and how to reform the constitution. There was no general consensus on a draft for a new constitution, however. Some minor points that were universally agreed upon have yet to be implemented.
See also
- JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- RechtsstaatRechtsstaatRechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
- Linguistic rightsLinguistic rightsLinguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere...
External links
- Official Austrian Law online research tool (RechtsInformationsSystem, RIS) (English version), (German, full version)
- Austrian Constitutional Court
- Constitutional Developments in Austria