Omar Bennett
The constitutions of Germany and Austria have evolved over time, reflecting the changing political and social landscapes of both nations. In Germany, the Weimar Constitution, drafted by lawyer and liberal politician Hugo Preuss, was in effect from 1919 until it was replaced by the Basic Law for the Federal Republic of Germany in 1949. The Basic Law, approved by the occupying western Allies of World War II, was intended as a provisional constitution until reunification, but it remained the country's definitive constitution even after Germany reunified in 1990. In Austria, the Federal Constitutional Law (Bundes-Verfassungsgesetz), first enacted in 1920, serves as the centerpiece of the country's constitutional framework. The principal author of the B-VG was Hans Kelsen, a university professor, legal philosopher, and jurist, who was tasked with producing a draft in 1919.
| Characteristics | Values |
|---|---|
| Austria's main constitutional document | Austrian Federal Constitutional Law (Bundes-Verfassungsgesetz) |
| Date of adoption | 1 October 1920 |
| Date of enactment | 10 November 1920 |
| Amendments | 1925, 1929 |
| Date reinstated | 1 May 1945 |
| Principal author | Hans Kelsen |
| Germany's constitution | Basic Law for the Federal Republic of Germany |
| Date approved | 8 May 1949 |
| Date came into effect | 23 May 1949 |
| Original field of application | Western Allies' zones of occupation |
| Termed | "Basic Law" or "Fundamental Law" |
| First article | Protection of human dignity and human rights |
| Author of the Weimar Constitution | Hugo Preuss |
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What You'll Learn
- The Weimar Constitution was the precursor to the Basic Law for the Federal Republic of Germany
- Hugo Preuss wrote the initial draft of the Weimar Constitution
- The Basic Law was approved in 1949, but it wasn't submitted to a popular vote
- Austria's constitution is split across multiple documents, with the Federal Constitutional Law at its centre
- Hans Kelsen, the Father of the Austrian Constitution, was tasked with producing the draft text in 1919
The Weimar Constitution was the precursor to the Basic Law for the Federal Republic of Germany
The Weimar Constitution was the first constitution of Germany, signed by the country's first president, Friedrich Ebert, on 11 August 1919. It was divided into two main parts or chapters, which were further divided into 12 sections and contained 181 articles in total. The Weimar Constitution established the German Reich as a republic whose power derived from the people. It also outlined the organisation of the various parts of the federal government.
The Weimar Constitution included provisions for popular referendum and initiative, which allowed the electorate to introduce bills into the Reichstag (the parliament) by way of petition and force a vote on them. If the bill was voted down, a national referendum would be held to allow the electorate to pass the bill into law regardless of the Reichstag's decision.
The Weimar Constitution is considered to have had several weaknesses that made the establishment of a dictatorship likely. For instance, Article 48 gave the president emergency powers to protect the republic from crises on either side of the political spectrum. While it was intended as an emergency clause, it was often used before 1933 to issue decrees without the support of parliament, making Hitler's rise to power easier.
The Weimar Constitution was replaced by the Basic Law for the Federal Republic of Germany (West Germany until 1990, then reunited Germany) in 1949. The Basic Law sought to ensure that a dictator would never again be able to come to power in the country. It was termed "Basic Law" to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany.
The Basic Law includes protections for human dignity and human rights, which are core values that cannot be changed or removed. It also enshrines the fundamental principles of the state, such as democracy, republicanism, social responsibility, federalism, and the rule of law.
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Hugo Preuss wrote the initial draft of the Weimar Constitution
The Weimar Constitution, which came into force in August 1919, was drafted by a committee of jurists with expertise in constitutional law and legislation. Among them was Jewish lawyer and liberal politician Hugo Preuss (1860-1925), who is considered the "father" of the constitution of the Weimar Republic. Preuss presented the first draft of the constitution, which was based on three principles: all political authority belongs to the people; that the state should be organized on a federal basis; and that the Reich should form a democratic Rechtsstaat (state based in law) within the international community.
Preuss's contribution to the Weimar Constitution was significant. He was a permanent member of the drafting committee and served as its chairman for several months. He was also a founding member of the German Democratic Party (DDP) in 1918 and became Interior Minister in the first elected government of the Weimar Republic in February 1919. However, he resigned from this position in protest of the Treaty of Versailles, which Germany signed soon after. As a result, Preuss's signature does not appear on the final version of the Weimar Constitution, although much of it was his brainchild.
The Weimar Constitution was a major step towards democracy in Germany, and it included basic civil rights for the first time in German history. It established the Reichstag, a legislative body elected by the people based on proportional representation. It also created the position of Chancellor, who was responsible for the day-to-day operations of the government, particularly in the executive branch.
However, the Weimar Constitution also contained Article 48, which allowed the President of the Reich to take necessary measures to restore public security and order, including intervening with the assistance of the armed forces and suspending civil liberties. This article would later be used by Adolf Hitler to establish his Nazi dictatorship.
In contrast to Germany, Austria has been governed by multiple constitutions throughout its history. The Federal Constitution of Austria is the current body of constitutional law, consisting of the Federal Constitutional Law (B-VG) and various other federal constitutional laws and provisions. The B-VG, first enacted in 1920, was based on drafts by Hans Kelsen and underwent numerous amendments and revisions over time.
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The Basic Law was approved in 1949, but it wasn't submitted to a popular vote
The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution, or the Basic Law, was approved in Bonn on 8 May 1949 and came into effect on 23 May. It was termed "Basic Law" (Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany.
The Basic Law was approved by the Parliamentarian Council on 8 May 1949 by a vote of 53–12. It was then approved by the occupying western Allies of World War II on 12 May. The Basic Law was not submitted to a popular vote, neither in 1949 nor in 1990 when it was retained as the definitive constitution of reunified Germany. This is despite the fact that the constitution of Austria, for example, has been heavily modified and amended over time, including being replaced by a new basic law in 1934 and reinstated in 1945.
The Basic Law was approved by the Parliamentarian Council, consisting of 65 representatives of the Western German states. The Council had been charged by the Allied Forces with drawing up a draft constitution for West Germany. The Basic Law was intended to be a provisional constitution, as it only applied to West Germany and was proclaimed in the name of the entire German people, East and West. The original version of Article 23 of the Basic Law explicitly codified German reunification as a goal. This article provided for "other parts of Germany" to "join the area of applicability of the Basic Law", which was used for German reunification from a constitutional standpoint.
The authors of the Basic Law sought to ensure that a potential dictator would never again be able to come to power in the country. The Basic Law contains provisions for the protection of human dignity and human rights, which are protected by the so-called eternity clause ("Ewigkeitsklausel") in Article 79 (3). This clause prohibits any changes or removals of the principles laid down in Articles 1 and 20. Fundamental rights (Grundrechte) are guaranteed in Germany by the Federal Constitution and in some state constitutions. The Basic Law also establishes the Federal Republic of Germany as a republic governed according to the principles of representative democracy, with a bicameral parliament consisting of the Bundestag and the Bundesraat.
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Austria's constitution is split across multiple documents, with the Federal Constitutional Law at its centre
The Federal Constitution of Austria (Österreichische Bundesverfassung) is the body of all constitutional law in the Republic of Austria at the federal level. It is spread across multiple documents, with the Federal Constitutional Law (Bundes-Verfassungsgesetz, B-VG) at its centre. The B-VG includes the most important federal constitutional provisions. However, it does not include a bill of rights, and provisions on civil liberties are spread across various pieces of constitutional legislation.
The Austrian constitution has undergone hundreds of minor and major amendments and revisions over time. The country has been governed by multiple constitutions, including the Pillersdorf Constitution in 1848, the "irrevocable" Stadion Constitution from 1848 to 1851, the October Diploma in 1860, and the February Patent from 1861 until 1865. The B-VG was first enacted on October 1, 1920, based on drafts by Hans Kelsen. It was very parliamentarian in character, with the prerogative to enact laws lying with a comparatively strong parliament, the Federal Assembly, composed of two houses: the National Council and the Federal Council.
The Constitution of Austria was replaced by a new basic law in 1934, defining Austria as an authoritarian corporate state. This Austrofascist constitution was in force until 1938 when Austria was annexed by Nazi Germany, causing Austria to cease to exist as a sovereign state. The Constitution of Austria was reinstated on May 1, 1945, shortly before Nazi Germany's collapse, and the modifications enacted in 1929 were not rescinded, remaining in effect until the present day.
Austria's constitution defines the country as a bicameral parliamentary democracy with near-complete separation of powers. Each of the nine states of Austria has a constitution defining it as a republican entity governed according to the principles of representative democracy. The federal legislative powers are vested in a body the constitution refers to as a parliament. The judiciary, including three supreme courts, is almost exclusively federal, with the exception of nine state administrative courts.
Austria's constitution also includes provisions for national defence, the right to conscientious objection, and duty to serve in the military. It outlines the process for treaty ratification and voting restrictions for members of the European Parliament.
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Hans Kelsen, the Father of the Austrian Constitution, was tasked with producing the draft text in 1919
The German Constitution, known as the Basic Law for the Federal Republic of Germany, was approved in 1949 and came into effect on 23 May. It was termed "Basic Law" to indicate that it was a provisional piece of legislation pending the reunification of Germany.
The Austrian Constitution, on the other hand, was drafted by Hans Kelsen, a renowned jurist, legal philosopher, and teacher of constitutional law. Kelsen is often regarded as the Father of the Austrian Constitution. In 1919, Kelsen was tasked with producing the draft text for the Austrian Constitution by Chancellor Karl Renner. He was a professor of public and administrative law at the University of Vienna, where he established and edited the "Journal of Public Law". Kelsen's work on the Austrian Constitution was enacted in 1920 and forms the basis of Austrian constitutional law even today.
Kelsen believed that a republic's positive development could only evolve in a parliamentary democracy, where progress could only come about by improving the state. His "pure theory" of law, first presented in 1911, considered that a theory of law should validate and give order to law itself. This theory was elaborated in his short book "Reine Rechtslehre", published in 1934, which he rewrote into a much enlarged "second edition" published in 1960. An English translation of the latter was published in 1967.
The Austrian Federal Constitution is split over many different acts, with its centerpiece being the Federal Constitutional Law (Bundes-Verfassungsgesetz, B-VG). The B-VG includes the most important federal constitutional provisions, with other provisions found in various constitutional pieces of legislation. The Austrian Constitution defines the country as a bicameral parliamentary democracy with near-complete separation of powers.
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Frequently asked questions
The Basic Law for the Federal Republic of Germany, or the German constitution, came into effect in 1949. It was originally designed as a provisional constitution. The initial draft of the constitution was written by the lawyer and liberal politician Hugo Preuss, who headed the Ministry of the Interior.
The Federal Constitution of Austria is the body of all constitutional law in the country. It is made up of many different acts, with the centerpiece being the Federal Constitutional Law (Bundes-Verfassungsgesetz). The principal author of the B-VG was Hans Kelsen, who is known as the "Father of the Austrian Constitution." It was first enacted on October 1, 1920.
The German Constitution is called the Basic Law for the Federal Republic of Germany.
The Austrian Constitution is called the Federal Constitution of Austria.
