Bohemian constitutional law

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Countries of the Bohemian Crown from the middle of the 18th century until the end of the First World War

Bohemian constitutional law (also historical rights of the Bohemian crown ) was a political program in the Bohemian lands of the Habsburg monarchy in the late 19th century. It was based on the concept of the continuous legal existence of the Bohemian Kingdom within the Habsburg Monarchy, commissioned by the Bohemian Landtag in 1831 and formulated by František Palacký in the first volume of his History of Bohemia in 1836 .

Use of the term until 1848

The Bohemian Estates tried to use this term to restore the constitutional unity of the countries of the Bohemian Crown . The ancient rights of the Hungarian nobility , with which they had successfully defended their privileges against the imperial family, served as a model . This demand stood in opposition to the centralism of the Theresian and Josephine reforms , with the help of which the Habsburg Monarchy was created as an area with a uniform administration based on the rational principles of the Enlightenment . The three Bohemian countries (Bohemia, Moravia and Silesia) were separated as mutually different crown countries ruled by the capital Vienna . The demand for the Bohemian constitutional law therefore became an important topic for the Bohemian nobility in their dispute with the imperial family in Vienna.

Use of the term in the national discussion until 1918

Between 1848 and 1918, the restitution of the former rights of the Bohemian Crown by the Austrian monarchy, together with the language issue, was one of the demands of the nationally minded Czechs, who, in order to enforce them, had temporarily connected themselves with the conservative nobility. Count Clam-Martinic , together with František Ladislav Rieger (Bohemia) and Antonin Pražák (Moravia), put together a memorandum on August 20, 1870, which contained the following main demands: 1. For Bohemia and Moravia, the appointment of a separate minister with the title Bohemian- Moravian court chancellor 2. Legal regulation of complete linguistic equality. 3. Extensive autonomy of the Bohemian Lands 4. Equal treatment of Bohemians and Germans in the entire area of ​​the Bohemian Lands.

Codification of the term

The first comprehensive summary of the historical rights of the Bohemian Crown comes from the year 1871 and was published by Josef Kalousek under the title Some Basics of the Bohemian Constitutional Law . In order to justify the Bohemian constitution, Kalousek goes back to the years 1310 and 1311, when Johann von Luxemburg confirmed the already existing customary rights to the estates. After that, the estates had the right to freely choose a king and the estates had their inheritance claims recognized. In 1627 and 1628, according to his findings, a new state order was imposed on Bohemia and Moravia . 140 privileges were recognized in it. In this state order, the tax approval rights were confirmed, but the legislative rights were completely withdrawn from the estates. The nationalist Czechs saw the introduction of German as the internal official language in 1644 as a violation of the equality of the two languages. In Kalousek's view, the constitutional relationship of the Bohemian Crown was not changed by the creation of an Austrian Empire in 1804.

Related articles

credentials

  1. ↑ Ludwig Spohr: The spiritual foundations of Hungarian nationalism , Berlin, Leipzig, de Gruyter 1936
  2. ↑ Antonín Okáč: Rakouský Problem a List Vaterland (The Austrian Problem and the Fatherland Newspaper) 1870–1871, Brno 1970, p. 3
  3. ^ Josef Kalousek : Some basics about the Bohemian constitutional law , Prague 1871

literature

  • Berthold Bretholz : History of Bohemia and Moravia , fourth volume 1793-1914. Reichenberg 1925.
  • Václav Houžvička: Return of Sudeten Issues . Praha: Karolinum, 2005. 546 pp. ISBN 80-246-1007-8 , pp. 65-66.
  • Josef Kalousek : Bohemian constitutional law . Bursik and Kohout, 1892.
  • Jiří Kořalka : František Palacký (1798–1876): the historian of the Czechs in the multi-ethnic Austrian state , studies on the history of the Austro-Hungarian monarchy; Vol. 30, published by the Historical Commission for the History of the Habsburg Monarchy of the Austrian Academy of Sciences, German-language revision by the author with the collaboration of Helmut Rumpler and Peter Urbanitsch , Verlag der Österreichische Akademie der Wissenschaften, Vienna 2007, ISBN 978-3-7001- 3769-6 .
  • Antonín Okáč: Rakouský Problem a List Vaterland (The Austrian Problem and the Newspaper Vaterland) 1870–1871, Brno 1970, p. 3.
  • Franz Palatzky : History of Bohemia, largely based on documents and manuscripts , first volume, Prague 1836.
  • Franz Palatzky: History of Bohemia, largely based on documents and manuscripts , fifth volume, Prague 1867.
  • František Rieger : Řeči Dra. Frant. Lad. Riegra, díl i. 1868-1878 . (Speeches by František Rieger) Prague 1923.
  • František Rieger: Rakouští Slované a Madaři (Austrian Slavs and Hungarians) with an introduction by Dr. Zd. Tobolka. Prague 1906.
  • Ludwig Spohr: The spiritual foundations of Hungarian nationalism . Berlin, Leipzig, de Gruyter 1936
  • Eugenie Trützschler von Falkenstein : The battle of the Czechs for the historical rights of the Bohemian crown in the mirror of the press 1861–1879 . Verlag Otto Harrassowitz, Wiesbaden 1982, ISBN 3-447-02255-8 (dissertation at the University of Munich).
  • Eugenie Trützschler von Falkenstein: Central and Eastern Europe - Nations, States, Regions - The expansion of the European Union from a historical perspective . Verlag Peter Lang, Frankfurt 2005, ISBN 3-631-53568-6 .