Pillersdorf's constitution

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The Pillersdorf constitution , drawn up by Franz von Pillersdorf and named after him, is the first Austrian constitution based on the principle of early constitutionalism. It was enacted on April 25, 1848 , but was declared a provisional solution by a constitutional amendment on May 16 of the same year.

It was only intended for the so-called hereditary lands and did not apply to the Kingdom of Hungary and the Italian territories due to the radicalization processes there . The Pillersdorf constitution was rejected by the liberal forces as not being democratic . After a “storm petition” from the National Guards, workers and students in Vienna , this constitution was declared provisional by an imperial proclamation on May 16, 1848 (with the promise of universal and equal suffrage) and finally withdrawn entirely in July.

prehistory

After the French February Revolution initiated unrest in Milan, Prague and Hungary, these finally spread to Vienna on March 13th. On that day, State Chancellor Metternich had to resign under the pressure of the circumstances and fled to Great Britain. On March 15, 1848, under pressure from the March Revolution, censorship was lifted and the imperial promise of a constitution of the fatherland. Furthermore, the basic academic rights (freedom of teaching and learning) were guaranteed and the obligation to dispense the tolerance patent was lifted. On March 21, 1848, the Wiener Zeitung , the official publication organ, named Count Franz Anton von Kolowrat-Liebsteinsky as Prime Minister; Pillersdorf acted as interior minister on an interim basis and became provisional prime minister himself in May; his ministry took over the powers of the United Court Chancellery, which Pillersdorf had headed. Confidants of the Estates (so-called Central Committee of the Estates) and the government worked together on a constitution under the leadership of Interior Minister Pillersdorf. This "constitutional document of the Austrian imperial state" came into force on April 25, 1848 (PGS 49). The constitutions of the German states and Belgium from 1830 served as a model .

Components

The constitution provided for the amalgamation of all countries on this side of the Leitha to form a constitutional monarchy, the "Austrian Imperial State". Hungary was excluded from the Pillersdorf Constitution, as Emperor Ferdinand by the already on 11 April the Hungarian Parliament adopted 31 articles of law and reforms recognized as constitutional and therefore Hungary only in personal union was connected with the other parts of the monarchy. The promise of its own constitution made to Bohemia on April 8, however, was never kept. There was only an internal handwritten letter from the emperor with the constitutional promise to Minister Pillersdorf, which the Czechs included in their Bohemian provincial law collection and called it the Bohemian Charter .

It envisaged a two-chamber system to represent the people :

  • senate
    • Princes of the house who have reached the age of 24
    • Minister appointed by the Emperor
    • elected large landowners
  • Chamber of Deputies
    • consisted of 383 members who were elected by the people

This parliament had no right of self-assembly, but had the right to initiate legislation and was involved in legislating together with the emperor.

All men of age (who have reached the age of 24) were allowed to vote, with the exception of servants, welfare recipients and workers for daily and weekly wages.

The emperor was the bearer of state power, but his orders had to be countersigned by a responsible minister. However, the emperor should have an absolute right of veto against the decisions of this parliament. In order to prevent further uprisings, the emperor felt bound by it.

The jurisdiction was given by independent courts. Proceedings were public and oral, and a jury had to be convened in criminal proceedings.

The constitution also contained, among other things, a catalog of fundamental rights, which was considered to be quite advanced at the time. This made a distinction between human rights and citizenship rights, which were seen as state objectives (e.g. protection of equality and freedom, belief and conscience and property). Federalism, on the other hand, was still weak. So there were still estates that did not have their own legislative right and did not participate in that of the state as a whole. Their only task was to “safeguard provincial interests” (Section 54) and had to make proposals to the Reichstag on “contemporary amendments to the previous constitution and the basic discharge” (Section 55). The constitution also provided for “districts with municipal institutions” (Section 56) and “Municipal constitutions” (Section 57).

The Reichstag with only one chamber, elected on the basis of the constitutional amendment of May 16, drew up a new constitution stating popular sovereignty (“ Kremsier draft ”), but the new Emperor Franz Joseph I forced a constitution on the Empire in March 1849 ( imposed constitution ), which was revoked in 1851 with the New Year's Eve patent. Until 1859 the emperor ruled alone ( neo-absolutism ).

Individual evidence

  1. a b Brauneder, Österreichische Verfassungsgeschichte , 10th edition 2005, p. 115 ff.
  2. Olechowski, Österreichische Rechtsgeschichte , 2nd edition 2008, p. 50.

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