Constitution of the Principality of Liechtenstein

from Wikipedia, the free encyclopedia
Basic data
Title: Constitution of the Principality of Liechtenstein
Short title: State constitution
Abbreviation: LV
Type: Constitution
Scope: Principality of Liechtenstein
Legal matter: Constitutional law
Issued on: 1921-10-05
Entry into force on: 1921-10-24
Weblink: State constitution on gesetze.li
Please note the note on the applicable legal version.
State coat of arms of Liechtenstein

The constitution of the Principality of Liechtenstein establishes the State of Liechtenstein as a constitutional hereditary monarchy on a parliamentary and democratic basis . State authority is borne by the prince and the people . The current constitution dates from 1921 and is valid in the 2003 version.

Constitutional history

In the Old Kingdom there was no written constitution in the Principality of Liechtenstein. With the creation of the Napoleonic model states, constitutions in the modern sense were also issued for the first time in Germany.

Constitution of 1818

The German Federal Act stipulated that the Member States landständische should enact constitutional. The constitution of 1818 established the state parliament . It consisted of representatives of the clergy , which they themselves elected, as well as the community boards and the community cashiers. The function of this Landtag, which was convened annually by the Prince, was limited to the purely formal approval of the tax requirement.

Revolution 1848

In the course of the revolution of 1848 there were also unrest in Liechtenstein, which, however, ended without violence under the decisive influence of the historian Peter Kaiser . The subjects asked Prince Alois II in a petition for the granting of a new constitution, the free election of representatives of the people and the lifting of the feudal burdens . Due to the suppression of the revolution in Austria and in the rest of the German Confederation , however, the wishes of the population were not followed.

First constitution 1862

Johann II on a postage stamp

Prince Johann II granted Liechtenstein the first constitution in 1862 , with which a democratically legitimized state parliament was established. However, the people could only influence him indirectly.

The number of members was reduced to 15, three of the members of the state parliament were appointed by the prince, the remaining twelve indirectly determined by the men entitled to vote . For this purpose, two electors were elected in each municipality for every 100 inhabitants , who determined the representatives in an electoral meeting.

The constitution restricted the prince's rights for the first time; he continued to rule the country, but the state parliament could no longer be overridden in legislation .

The state parliament now had the right to participate in the most important state tasks. From now on he had influence on legislation and with the right to obtain tax permits , he had financial sovereignty , he also had the right to approve important international treaties , was able to control the administration and had the right to participate in the event of military levies.

1921 Constitution

After the founding of the Christian Social People's Party and the Progressive Citizens' Party in 1918, the demand for a new constitution on a democratic basis grew louder. The constitutional text came into force on October 24, 1921 after negotiations between the state parliament and the prince. The state was now defined as a constitutional hereditary monarchy on a parliamentary and democratic basis. The Landtag had been directly elected since 1918 and now, by waiving the appointment of three members by the Reigning Prince, it became a pure representation of the people . The constitution is characterized by the bipolarity of the monarchical and democratic principle, which are of equal value to one another. As a result, most state tasks are carried out in cooperation between the Prince and the Landtag. For the first time, the constitution also contained direct democratic elements such as popular initiatives and referendums .

"We, Johann II. Grace of God Sovereign Prince of Liechtenstein , Duke of Troppau , Count Rietberg been that the Constitution of us changed from 26 September 1862, the assent of Our Day in the following way do etc. etc. etc. hereby made known, is [...] »

- Introduction of the constitution of the Principality of Liechtenstein

2003 amendment

A significant shift in the balance between prince and people in favor of the prince, the constitutional novella from 2003. The population had approved the draft constitution with 64.3% after Hans-Adam II. Had declared that he would leave the country in case of refusal .

Since then, the Reigning Prince has been able to dissolve the Landtag at any time “for substantial reasons” and govern himself by means of emergency ordinances . In addition, it can be unilateral, i. H. dismiss the government without the approval of parliament and without giving any reason. Based on the 2003 amendment, all judges will be proposed to parliament by a judges selection committee. The prince has the right of veto in this body , so that he has decisive influence on the question of the appointment of judges. Conversely, since 2003 the people have had the right to express their distrust of the prince and to depose him.

The constitutional amendment was partially sharply criticized both nationally and internationally. The Council of Europe was of the opinion that democracy in Liechtenstein was endangered by the princely supremacy .

classification

The Liechtenstein constitution establishes a constitutional, but not a parliamentary, monarchy. (To explain the differences → main article monarchy )
The prince (hereditary succession to the throne: primogeniture in the male line) is the head of state , he appoints the judges and the government on the proposal of the state parliament , whose laws require the prince's sanction and which can be dissolved by the prince. The monarch is therefore at least fundamentally involved in either the creation or the decisions of all three state powers . The person of the prince or his deputy is not subject to jurisdiction and is not legally responsible. The reference to the divine right was deleted with the constitutional amendment of 2003. Only in the promulgation formula is it still referred to with regard to Johann II. The fact that the prince can be removed from office and the end of the monarchy as well as the possible secession of individual parts of the country by referendum are quite unusual . The naming of the Roman Catholic Church as a regional church is also unusual , but the current government wants to change this. Liechtenstein is classified as a constitutional monarchy not only through its substantive constitutional law, but also through its application of the constitution, in particular by the sovereign prince. Unlike in other European countries, the monarch does not renounce his political function or does so only on the proposal of the government. The prince and his deputy sometimes take an active part in political discussions and announce, for example, the refusal to sanction certain laws.

content

structure

The Liechtenstein political system.

The Liechtenstein constitution is divided in its currently valid form into twelve main parts, which deal with general provisions on the principality (I.), the rights of the sovereign (II.), The state tasks (III.), The general rights and obligations of citizens (IV.), The rights of the state parliament (V.), the state committee (VI.), The state government (VII.), The courts (VIII.), The authorities and state employees (IX.), The municipalities (X.) , the constitutional guarantee (XI.) and finally with the final provisions of the constitution (XII.).

The sovereign

Article seven paragraph one of the state constitution provides:

"The sovereign is the head of the state and exercises his right to state authority in accordance with the provisions of this constitution and the other laws."

The special position of the Prince of Liechtenstein is expressed in the following functions:

  • The prince cannot be held responsible in any court, he is not legally responsible, and neither is the member of the royal house whom he designates to represent him (→ political immunity ).
  • With the participation of the government, the prince represents the state externally (→ representation ).
  • It enforces the laws through the government without the involvement of the state parliament (→ executive ).

In the event of extraordinary circumstances, he is entitled to the emergency ordinance law ; he only has to take into account those provisions that are stipulated in the constitution as not changeable by emergency ordinance (prohibition of torture and slavery and forced labor , right to life, etc.). The prince also appoints the judges elected by the state parliament . He alone has the pardon , mitigation and abolition rights for criminal offenses and criminal proceedings .

Parliament

Article 45 paragraph one of the Constitution says about the Landtag:

«The Landtag is the legal organ of the totality of the nationals and as such is called upon, according to the provisions of this constitution, to safeguard and assert the rights and interests of the people in relation to the government and to assert the welfare of the Princely House and the country with loyal attachment to the to promote the principles laid down in this constitution as far as possible. "

The Landtag takes care of the country's legislation , proposes the government for appointment and elects the judges .

The government

About the government of the Principality of Liechtenstein, Article 78 paragraph 1 of the constitution states:

"Subject to the following provisions of this article, the entire state administration is provided by the collegial government responsible for the sovereign and the state parliament in accordance with the provisions of this constitution and the other laws."

The government is appointed by the prince on the proposal of the state parliament, it consists of the head of government , his deputy and the other government councilors. About their appointment, the constitution determines in Article 79:

«1) The collegiate government consists of the head of government and four councilors.
2) The head of government and the councilors are appointed by the reigning prince by mutual agreement with the state parliament on his proposal. In the same way, a deputy must each be appointed for the head of government and the government councilors, who, if he is unable to do so, will represent the member of the government concerned at the meetings of the collegial government.
3) One of the government councilors is appointed by the sovereign as deputy head of government at the suggestion of the state parliament.
4) The members of the government must be Liechtenstein citizens and elected to the state parliament.
5) When appointing the collegial government, it must be taken into account that there are at least two members in each of the two regions. Their representatives can be found in the same landscape.
6) The term of office of the collegiate government is four years. Until a new government is appointed, the previous members of the government are responsible for continuing to run the business, unless Art. 80 applies. "

The government is dependent on the trust of the prince as well as the trust of the state parliament. If it loses the trust of one of the two state organs, its mandate expires and the prince can appoint a transitional government. If one of the government members loses the trust of the Prince or the Landtag, the decision on the loss of official authority is made by mutual agreement between the two organs, until a new member of the government is appointed, the official business is carried out by the government member's deputy.

The courts

The constitution establishes three instances for civil and criminal matters with the regional court , the higher court and the supreme court , and two public law courts with the administrative and state courts . The court organization was established with the constitution of 1921. Before that, the Innsbruck Higher Regional Court was also the Supreme Court of Liechtenstein.

Constitutional guarantee

The amendment of the constitution requires the unanimous approval of the Landtag or three quarters of the votes of its members after the discussion over two Landtag sessions and, if necessary, a referendum . The constitutional amendment, in turn, requires sanctions from the prince, unless it is a procedure to abolish the monarchy. It is unusual that the procedure for the abolition of the monarchy can be initiated by the request of 1500 citizens. If the electorate is in favor of abolition, the state parliament has to draw up a republican constitution .

Web links

Individual evidence

  1. Jump up ↑ Constitution of November 9, 1818: LI LA SgRV 1818; quoted from: www.e-archiv.li/D42332 ; accessed on May 12, 2017.
  2. ^ Constitutional Constitution of September 26, 1862: LI LA SgRV 1862/5; quoted from: www.e-archiv.li/D42357 ; accessed on May 12, 2017.
  3. ↑ [1] .
  4. ^ Vatican Radio: Liechtenstein: Separation of Church and State ( Memento of November 7, 2011 in the Internet Archive ) (June 2011).
  5. ↑ derstandard.at - What the sovereign is allowed to do .
  6. ↑ See the Austrian court decree of February 13, 1818 , announced in the JGS. No. 1418 , and the State Treaty with the Principality of Liechtenstein regarding the administration of justice in this Principality , announced in the Austrian RGBl. 124/1884 .