The December Constitution (German: Dezemberverfassung) is a set of six acts that served as the constitution of the Cisleithanian half of Austria-Hungary. The acts were proclaimed by Emperor Franz Joseph on 21 December 1867 and functioned as the supreme law of the land until the collapse of the empire in 1918. Five of the Constitution's acts were replaced by the Federal Constitutional Law between 1918 and 1920; the sixth law, a bill of rights, is still in force.
The December Constitution consists of
The Basic Law on the General Rights of Nationals is a bill of rights stipulating, among other things, equality before the law for all the empire's ethnicities (articles 1, 2, 3, and 19), the end of all forms of serfdom (art. 7), freedom of the press (art. 13), freedom of religion (articles 14 and 15), freedom of assembly (article 12), and secrecy of correspondence (art. 10). It also established a limited form of due process; under the Basic Law, a person could not be arbitrarily deprived of the freedom of their person (art. 8), their property (art. 5), or the inviolability of their home (art. 9). [2]
The Basic Law of the Judiciary stipulated the separation of administration and judiciary and the independence of the courts. It also guaranteed the right of the people to participate in the administration of criminal justice; serious crimes would from now on require trial by jury. Last but not least, the Law established a system administrative courts, making executive acts of government subject to judicial review. [4]
The Delegation Law affirmed and ratified, for the Cisleithanian party to the conflict, the main outcome of the Austro-Hungarian Compromise of 1867: Cisleithania and Transleithania would act as a single monolithic entity for the purposes of international law; they would have a joint diplomatic service, a joint foreign office, and joint armed forces. Otherwise, the Kingdom of Hungary would be a fully independent separate country. [6]
The remaining laws dealt mainly with procedural details and miscellanea such as the immunity of Imperial Council delegates.
Until 1848, the Austrian Empire was an absolute monarchy with no written constitution and no modern concept of the rule of law. In 1848, a wave of revolutions swept Austria; the revolutionaries demanded, among other things, constitutionalism and freedom of the press. By 15 March, Emperor Ferdinand I had been forced to promise to meet these demands. On 25 April, pursuant to this promise, Ferdinand proclaimed the Pillersdorf Constitution, named after its principal framer, Minister of the Interior Baron Franz von Pillersdorf. The Pillersdorf Constitution, written essentially by the cabinet with no consultation of any kind of elected council, was widely seen as inadequate and did nothing to stem the tide of revolutionary unrest. In December, Ferdinand was forced to abdicate. Among other desperate measures, he had already declared the constitution "provisional" in May and completely scrapped it in July.
Ferdinand's successor, Franz Joseph, was determined to reassert absolute monarchy. By March 1849, he had taken back the streets and mostly neutralized the intellectuals. He still needed to sideline the revolutionaries' unauthorised constitutional assembly, the Kremsier Parliament, which had promulgated its own draft constitution, the Kremsier Constitution. Between 4 and 7 March, to preempt the Kremsier Parliament, he proclaimed his March Constitution, seemingly giving in to most of the Kremsier demands. The Kremsier Parliament dealt with, he revoked his own constitution with the 31 December 1851 New Year's Eve Patent.
No written constitution left in force, Austria was once again an absolute monarchy. The empire, and with it the personal authority of the Emperor, was severely weakened by a series of diplomatic setbacks, the rise of civic nationalism, and the growing disaffection of the empire's Hungarian and Slavic subjects with the Habsburgs' rule. By 1860, Franz Joseph was forced to formally share power again. A new constitution, the 1860 October Diploma, granted more autonomy to the provinces and strengthened regional nobility; regional legislative and administrative authority would partially lie with each region's respective aristocracy. The October diploma proved to be too little, too late: it neither satisfied the nobles nor, in particular, the people of the Kingdom of Hungary. The 1861 February Patent made further concessions, again failing to pacify Hungary.
Hungary had come close to independence during the 1848 revolutions, had been beaten into submission only with the help of the Russian Empire, and had lived under what effectively was a military dictatorship ever since. In 1866, Austria was defeated in the Austro-Prussian War and lost its claim to being the leading German state, plunging the Habsburg dynasty and their German-speaking realms into an unprecedented identity crisis. The monarch's moral authority gravely damaged once more, unrest in Hungary threatened to erupt again. His back to the wall, Franz Joseph saw no choice but grant Hungary all but full independence in the Austro-Hungarian Compromise of 1867. To prevent the empire's non-Hungarian ethnicities from demanding similar levels of autonomy, Franz Joseph then had to return to constitutionalism and vest the empire's peoples with participation rights in the legislative and administrative process.
As a result of Austria's defeat in World War I, Austria-Hungary collapsed in October 1918. Both the Kingdom of Hungary and the Slavic provinces of Cisleithania broke away from the German-speaking core lands to form modern nation states. Many of the institutions established by the December Constitution collapsed; in particular, the Imperial Council could no longer function. Many of the provisions of the Constitution became moot outright. It was obvious the emerging rump state would need a new legal framework. On 21 October 1918, parliamentarians from the German-speaking regions convened to form a Provisional National Assembly (Provisorische Nationalversammlung) to manage this transition.
On 30 October, the Assembly proclaimed a provisional constitution. The provisional constitution did little more than establish the Assembly as a provisional parliament, establish the parliament's three-member presidium as the provisional head of state, and set up a provisional cabinet. Even so, most of the articles of the December Constitution were thus implicitly abrogated. [7] The act did not include any catalogue of basic rights, although it was followed on the same day by a resolution abolishing censorship and establishing freedom of the press, leaving the Basic Law on the General Rights of Nationals on the books. [8]
General elections on 16 February 1919 replaced the Provisional Assembly with a Constitutional Assembly (Konstituierende Nationalversammlung). On 1 October 1920, the Assembly passed the Federal Constitutional Law, confirming and formalizing the abrogation of the December Constitution. [9] [10] The Law not containing any new bill of rights either, the Basic Law on the General Rights of Nationals in still in force. Together with the 1955 Austrian State Treaty and the 1955 European Convention on Human Rights, ratified by Austria in 1958 and part of the country's body of constitutional law since 1964, it serves as Austria's bill of rights to this day. [11] [12] In particular, the promise of equality in Austria's current constitution is modelled on the analogue provision in the statute. [13]
The Austrian Empire, officially known as the Empire of Austria, was a multinational European great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, it was the third most populous monarchy in Europe after the Russian Empire and the United Kingdom, while geographically, it was the third-largest empire in Europe after the Russian Empire and the First French Empire.
The Frankfurt Parliament was the first freely elected parliament for all German states, including the German-populated areas of the Austrian Empire, elected on 1 May 1848.
The Imperial Council was the legislature of the Austrian Empire from 1861 until 1918. It was a bicameral body: the upper house was the House of Lords, and the lower house was the House of Deputies. To become law, bills had to be passed by both houses, signed by the government minister responsible, and then granted royal assent by the Emperor. After having been passed, laws were published in the Reichsgesetzblatt. In addition to the Imperial Council, the fifteen individual crown lands of Cisleithania had their own diets.
The Federal Constitution of Austria 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 Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions.
The Duchy of Bukovina was a constituent land of the Austrian Empire from 1849 and a Cisleithanian crown land of Austria-Hungary from 1867 until 1918.
Austrian Silesia, officially the Duchy of Upper and Lower Silesia, was an autonomous region of the Kingdom of Bohemia and the Habsburg monarchy. It is largely coterminous with the present-day region of Czech Silesia and was, historically, part of the larger Silesia region.
A district is a second-level division of the executive arm of the Austrian government. District offices are the primary point of contact between residents and the state for most acts of government that exceed municipal purview: marriage licenses, driver licenses, passports, assembly permits, hunting permits, or dealings with public health officers for example all involve interaction with the district administrative authority.
The Habsburg Law was a law originally passed by the Constitutional Assembly of the Republic of German-Austria, one of the successor states of dissolved Austria-Hungary, on 3 April 1919. The law dethroned the House of Habsburg-Lorraine as rulers of the country, which had declared itself a republic on 12 November 1918, exiled them and confiscated their property. The Habsburg Law was repealed in 1935 and the Habsburg family was given back its property. However, in 1938, following the Anschluss, the Nazis reintroduced the Habsburg Law, and it was retained when Austria regained its independence after World War II.
The Weimar National Assembly, officially the German National Constitutional Assembly, was the popularly elected constitutional convention and de facto parliament of Germany from 6 February 1919 to 21 May 1920. As part of its duties as the interim government, it debated and reluctantly approved the Treaty of Versailles that codified the peace terms between Germany and the victorious Allies of World War I. The Assembly drew up and approved the Weimar Constitution that was in force from 1919 to 1933. With its work completed, the National Assembly was dissolved on 21 May 1920. Following the election of 6 June 1920, the new Reichstag met for the first time on 24 June 1920, taking the place of the Assembly.
The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
The Frankfurt Constitution or Constitution of St. Paul's Church, officially named the Constitution of the German Empire of 28 March 1849, was an unsuccessful attempt to create a unified German nation from the states of the German Confederation.
The Constitutional Court in Austria is the tribunal responsible for judicial review.
The Provisorische Zentralgewalt was the provisional government of the Frankfurt Parliament (1848–49). Since this all-German national assembly had not been initiated by the German Confederation, it was lacking not only major constitutional bodies, such as a head of state and a government, but also legal legitimation. A modification of the Bundesakte, the constitution of the German Confederation, could have brought about such legitimation, but as it would have required the unanimous support of all 38 signatory states this was practically impossible. Partially for this reason, influential European powers such as France and Russia declined to recognize the Parliament. The delegates on the left wanted to solve this situation by creating a revolutionary parliamentary government, but, on 24 June 1848, the majority voted for a compromise, the so-called Provisional Central Power.
The German Empire was a proto-state which attempted, but ultimately failed, to unify the German states within the German Confederation to create a German nation-state. It was created in the spring of 1848 during the German revolutions by the Frankfurt National Assembly. The parliament elected Archduke John of Austria as its provisional head of state with the title 'Imperial Regent'. On 28 March 1849, its constitution was implemented and the parliament elected the king of Prussia, Frederick William IV, to be the constitutional monarch of the empire with the title 'Emperor of the Germans'. However, he turned the position down. The empire came to an end in December 1849 when the Central German Government was replaced by a Federal Central Commission.
The Reichstag, also called Kremsier Parliament, was the first elected parliament in the Austrian Empire. It lasted for only a short time between July 1848 and 7 March 1849, but had an important effect on Austrian history. Its main product was the Kremsier Constitution which was preempted by the imposed March Constitution.
The Margraviate of Moravia was one of the Lands of the Bohemian Crown within the Holy Roman Empire and then Austria-Hungary, existing from 1182 to 1918. It was officially administered by a margrave in cooperation with a provincial diet. It was variously a de facto independent state, and also subject to the Duchy, later the Kingdom of Bohemia. It comprised the historical region called Moravia, which lies within the present-day Czech Republic.
The House of Lords was the upper house of the Imperial Council, the bicameral legislature of the Austrian Empire from 1861 and of the Cisleithanian (Austrian) half of Austria-Hungary upon the Compromise of 1867. Created by the February Patent issued by Emperor Franz Joseph I on 26 February 1861, it existed until the end of World War I and the dissolution of the Dual Monarchy, when on 12 November 1918 the transitional National Assembly of German-Austria declared it abolished. It was superseded by the Federal Council of the Austrian Parliament implemented by the 1920 Federal Constitutional Law.
In Austrian politics, a statutory city, also known in Burgenland as free city, is a city that is vested, in addition to its purview as a municipality, with the powers and duties of a district administrative authority. The city administration thus functions as both a municipal government and a branch of the executive arm of the national government. A resident of a statutory city would, for example, contact a city office and interact with city employees to apply for a driver's license or a passport.
The Federal Constitutional Law is a federal constitutional law in Austria serving as the centerpiece of the Constitution. It establishes Austria as a democratic federal parliamentary republic.
The government of Austria-Hungary was the political system of Austria-Hungary between the formation of the dual monarchy in the Compromise of 1867 and the dissolution of the empire in 1918. The Compromise turned the Habsburg domains into a real union between the Austrian Empire in the western and northern half and the Kingdom of Hungary. in the eastern half. The two halves shared a common monarch, who ruled as Emperor of Austria over the western and northern half portion and as King of Hungary over the eastern portion. Foreign relations and defense were managed jointly, and the two countries also formed a customs union. All other state functions were to be handled separately by each of the two states.