The Constitution of Austria (Österreichische Bundesverfassung) 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 Bundes-Verfassungsgesetz (B-VG) [1], which includes the most important federal constitutional provisions. Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... For theological federalism, see Covenant Theology. ...

Apart from the B-VG, there are a large number of other constitutional acts (called Bundesverfassungsgesetze, singular Bundesverfassungsgesetz, abbrev. BVG, ie without the dash) and individual provisions in statutes and treaties which are designated as constitutional ("Verfassungsbestimmung"). For example, the B-VG does not include a bill of rights, but provisions on civil liberties are split up over different constitutional legislative acts. A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Civil liberties is the name given to freedoms that protect the individual from government. ...

Over time, both the B-VG and the numerous pieces of constitutional law supplementing it have undergone literally hundreds of minor and major amendments and revisions.

Official Austrian Law online research tool, English version (RechtsInformationsSystem, RIS): http://www.ris.bka.gv.at/englische-rv/

RIS in German, full version: http://www.ris.bka.gv.at/
Austrian Constitutional Court: http://www.vfgh.gv.at/cms/vfgh-site/english/index.html
Constitutional Developments in Austria: http://www.icl-journal.com/

History

The B-VG was based on a draft by Hans Kelsen and first enacted on October 1, 1920. Since political agreement over a bill of rights could not be reached, the Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger ("Basic law on the general rights of citizens") of 1867 was left in place and designated as constitutional law. Hans Kelsen Hans Kelsen (Prague, October 11, 1881 – April 19, 1973) was an Austrian -American jurist of Jewish descent. ... is the 274th day of the year (275th in leap years) in the Gregorian calendar. ... 1920 (MCMXX) was a leap year starting on Thursday. ... Year 1867 (MDCCCLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ...

Originally, the B-VG was very parliamentarian in character. The prerogative to enact law was to lie with a comparatively strong parliament, the Federal Assembly comprised of two houses, the National Council and the Federal Council. The responsibility for implementing law was to reside with a cabinet headed by a chancellor, who was nominated by the National Council on a motion by its principal committee. A relatively weak president, who was elected by both houses, was to serve as head of state. States currently utilizing parliamentary systems are denoted in red and orange—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ... The Federal Assembly of Austria or Österreichische Bundesversammlung is a federal-level deliberative body consisting of the members of the two houses of the Austrian parliament, the National Council and the Federal Council, in joint session. ... The National Council or Nationalrat is one of the two houses of the Federal Assembly, the bicameral federal parliament of the Federal Republic of Austria. ... The Federal Council of Austria or Bundesrat is one of the two separate councils of parliament of Austria. ... The Chancellor of Austria (in German: Bundeskanzler) is the head of government in Austria. ... The Leopoldine Wing of Hofburg Imperial Palace in Vienna: home to the offices of the Federal President. ...

In 1929, the constitution underwent a revision significantly broadening the prerogatives of the president. In particular, the president from then on was to be elected directly by the people rather than by the members of the legislature. The president was also to be vested with the authority to dissolve the parliament, a power typically not held by heads of executive branches of parliamentary republics. He also had the authority to formally appoint the chancellor and the cabinet. Although the president was vested with powers comparable to those of the President of the United States, in practice he acted on the advice of the chancellor. This move away from a government steered predominantly by a fairly large and (by definition) fractioned deliberative body towards a system concentrating power in the hands of a single autonomous leader was made in an attempt to appease the para-fascist movements (such as the Heimwehr, the Republikanischer Schutzbund or later the Ostmärkische Sturmscharen) thriving in Austria at that time. Year 1929 (MCMXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... A deliberative body (or deliberative assembly) is an organization which collectively makes decisions after debate and discussion. ... Appeasement is a policy of accepting the imposed conditions of an aggressor in lieu of armed resistance, usually at the sacrifice of principles. ... The Heimwehr (German Home Guard) were a Nationalist, initially paramilitary grouping, operating within Austria during the 1920s and 1930s; they were similar in methods, organisation, and ideology to Germanys Freikorp. ... Ostmärkische Sturmscharen was a political paramilitary force founded on December 7, 1930 in Innsbruck, Austria, recruited from the Katholische Jugend (Catholic Youth), later from journeymen and teacher organisations, forming an opposition to the Heimwehr. ...

In 1934, following years of increasingly violent political strife and gradual erosion of the rule of law, the ruling Christian Social Party, which by then had turned to full-scale Austrofascism, formally replaced the constitution by a new basic law defining Austria as an authoritarian corporate state. The Austrofascist constitution was in force until Austria was annexed by Nazi Germany in 1938, ceasing to exist as a sovereign state. The Constitution of Austria was eventually reinstated on May 1, 1945, Austria having reestablished itself as an independent republic shortly before Nazi Germany's definitive collapse. The modifications enacted in 1929 were not then rescinded, and essentially remain in effect until this day, although the constitution has been heavily modified and amended since then. Year 1934 (MCMXXXIV) was a common year starting on Monday (link will display full 1934 calendar) of the Gregorian calendar. ... The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ... The Christian Social Party (CS) was an Austrian political party from 1893 to 1933 and a predecessor of the contemporary Austrian Peoples Party. ... Supporters of the Austrian Christian Social Party in 1934 Austrofascism is a term which is frequently used to describe the authoritarian rule installed in Austria between 1934 and 1938. ... Forms of government Part of the Politics series Politics Portal This box:      This article applies to political and organizational ideologies. ... The concept of the corporate state developed under the context of Fascism in Mussolinis Italy as a means of regulating industrial relations. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... is the 121st day of the year (122nd in leap years) in the Gregorian calendar. ... Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ...

Structure

The Republic of Austria is slightly smaller than Maine, Scotland, or Hokkaidō and home to an ethnically and culturally homogeneous population of barely more than eight million people. Given that almost one fourth of its inhabitants are concentrated in the city of Vienna and its adjacent suburbs, Austria's only metropolitan area, the nation is also naturally unipolar in terms of both economic and cultural activity. Austria's constitutional framework nevertheless characterizes the republic as a federation consisting of nine autonomous federal states: Official language(s) None (English and French de facto) Capital Augusta Largest city Portland Area  Ranked 39th  - Total 33,414 sq mi (86,542 km²)  - Width 210 miles (338 km)  - Length 320 miles (515 km)  - % water 13. ... This article is about the country. ...   literally North Sea Circuit, Ainu: Mosir), formerly known as Ezo, Yezo, Yeso, or Yesso, is Japans second largest island and the largest of its 47 prefectural-level subdivisions. ... For other uses, see Vienna (disambiguation). ... This article does not cite any references or sources. ... A map displaying todays federations. ...

Just like the federation, the nine states of Austria all have written state constitutions defining them to be republican entities governed according to the principles of representative democracy. The state constitutions congruently define the states to be unicameral parliamentary democracies; each state has a legislature elected by popular vote and a cabinet appointed by its legislature. The federal constitution defines Austria itself as a bicameral parliamentary democracy with near-complete separation of powers. Austria's government structure is thus highly similar to that of incomparably larger federal republics such as Germany or the United States. The main practical difference between Austria on the one hand and Germany or the United States on the other hand is that Austria's states have comparatively little autonomy: almost all matters of practical importance,including but not limited to defense, foreign politics, criminal law, corporate law, most other aspects of economic law, education, academia, welfare, telecommunications, and the health care system, lie with the federation. This is also true for the judiciary system, which is exclusively federal in Austria, meaning that there are no state courts. Image File history File links The_States_of_Austria_Numbered. ... Burgenland (Hungarian Várvidék, Őrvidék or FelsÅ‘Å‘rvidék, Croatian Gradišće, Slovenian Gradiščansko) is the easternmost and least populous state or Land of Austria. ... Burgenland (Hungarian Várvidék, Őrvidék or FelsÅ‘Å‘rvidék, Croatian Gradišće, Slovenian Gradiščansko) is the easternmost and least populous state or Land of Austria. ... Carinthia (German: Kärnten, Slovenian: KoroÅ¡ka) is the southernmost Austrian state or Land; it is chiefly famous for its mountains and lakes. ... Carinthia (German: Kärnten, Slovenian: KoroÅ¡ka) is the southernmost Austrian state or Land; it is chiefly famous for its mountains and lakes. ... Map of Lower Austria showing districts and the four quarters (Waldviertel in green, Weinviertel in red, Mostviertel in yellow and Industrieviertel in blue) Lower Austria (de: Niederösterreich) is one of the nine states or Bundesländer in Austria. ... Map of Lower Austria showing districts and the four quarters (Waldviertel in green, Weinviertel in red, Mostviertel in yellow and Industrieviertel in blue) Lower Austria (de: Niederösterreich) is one of the nine states or Bundesländer in Austria. ... Upper Austria (Ober sterreich) is one of the nine federal states or Bundesl nder of Austria. ... Upper Austria (Ober sterreich) is one of the nine federal states or Bundesl nder of Austria. ... Salzburg is a state or Land of Austria with an area of 7,154 km², located adjacent to the German border. ... Salzburg is a state or Land of Austria with an area of 7,154 km², located adjacent to the German border. ... Styria redirects here. ... Styria redirects here. ... Tyrol (German: , Czech: ) is a state or Bundesland, located in the west of Austria. ... Tyrol (German: , Czech: ) is a state or Bundesland, located in the west of Austria. ... Vorarlberg is the westernmost state (Land) of Austria. ... Vorarlberg is the westernmost state (Land) of Austria. ... For other uses, see Vienna (disambiguation). ... For other uses, see Vienna (disambiguation). ... This article or section does not cite any references or sources. ... This article is about constitutional concepts. ... Look up republic in Wiktionary, the free dictionary. ... Representative democracy is a form of government founded on the principles of popular sovereignty by the peoples representatives. ... For unicameral alphabets, see the article letter case. Unicameralism is the practice of having only one legislative or parliamentary chamber. ... States currently utilizing parliamentary systems are denoted in red and orange—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ... Image:WashingtonDC Capitol USA2. ... States currently utilizing parliamentary systems are denoted in red and orange—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

Federal legislature

Federal legislative powers are vested with a body the constitution refers to as a parliament. Ever since the somewhat paradoxical 1929 revision of the constitution, which strengthened the formal separation of powers in Austria at the instigation of sympathizers of fascism, Austria's legislature technically bears more resemblance to a congress than to a parliament. As a practical matter, however, it continues to function as a parliament anyway. Austria's parliament consists of two houses, the National Council and the Federal Council. The 183 members of the National Council are elected by nation-wide popular vote under statutes aiming at party-list proportional representation. The currently 64 members of the Federal Council are elected by Austria's nine state legislatures under a statute allocating seats roughly proportional to state population size (The largest Bundesland being entitled to twelve members, the others accordingly, but no state to less than three.) In theory, the National Council and the Federal Council are peers. As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use the term "parliament" to refer to just the National Council instead of to the parliament as a whole. A legislature is a type of representative deliberative assembly with the power to adopt laws. ... A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modelled after that of the United Kingdom. ... Year 1929 (MCMXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... Look up Congress in Wiktionary, the free dictionary. ... The National Council or Nationalrat is one of the two houses of the Federal Assembly, the bicameral federal parliament of the Federal Republic of Austria. ... Party-list proportional representation systems are a family of voting systems used in multiple-winner elections (e. ... The Federal Council of Austria or Bundesrat is one of the two separate councils of parliament of Austria. ...

While bicameral legislatures such as the Congress of the United States allow bills to originate in both chambers, Austrian federal legislation always originates in the National Council, never in the Federal Council. In theory, bills can be sponsored by National Council members, by the federal cabinet, by popular initiative, or through a motion supported by at least one third of the members of the Federal Council. In practice, most bills are proposed by the cabinet and get passed after mere token debate. Bills passed by the National Council are sent to the Federal Council for affirmation. If the Federal Council approves of the bill or simply does nothing for a period of eight weeks, the bill has succeeded. Bills passed by both houses (or passed by the National Council and ignored by the Federal Council) are ultimately signed into law by the federal president. The president does not have the power to veto bills, his or her signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. The president does not even have the authority to refuse signing a bill he or she deems unconstitutional as such; a bill may be vetoed only on the grounds that its genesis, not its substance, is in violation of basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court. Congress in Joint Session. ... A cabinet is a body of high-ranking members of government, typically representing the executive branch. ... initiative, see Initiative (disambiguation). ... President is a title held by many leaders of organizations, companies, trade unions, universities, and countries. ...

Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it; a National Council resolution overruling a Federal Council objection merely has to meet a higher quorum than a regular resolution. For this reason, the Federal Council has hardly any real power to prevent the adoption of legislation, the National Council being trivially able to override it. The Federal Council is sometimes compared to the British House of Lords, another deliberative body able to stall but usually not to strike down proposed law. While the House of Lords occasionally exercises its stalling power, however, the Federal Council hardly ever does. Since the parties controlling the National Council consistently also hold a majority in the Federal Council, the latter gives its blessing to essentially everything the former has adopted. Look up quorum in Wiktionary, the free dictionary. ... This article is about the British House of Lords. ...

Federal executive

Federal executive authority is vested with the federal president, an official elected by popular vote for a term of six years and limited to two consecutive terms of office. The president is the head of state and appoints the federal cabinet, a body consisting of the federal chancellor and a number of ministers. The president also appoints the members of the Constitutional Court and numerous other public officials, represents the republic in international relations, accredits foreign ambassadors, and acts as the nominal commander in chief of Austria's armed forces. The Leopoldine Wing of Hofburg Imperial Palace in Vienna: home to the offices of the Federal President. ... For the comedy film of the same name, see Head of State (film). ... A cabinet is a body of high-ranking members of government, typically representing the executive branch. ... For other uses, see Chancellor (disambiguation). ... A Commander-in-Chief is the commander of a nations military forces or significant element of those forces. ...

While Austria's federal cabinet is technically not answerable to the legislature (except for a motion of censure), it would be almost totally paralyzed without the active support of the National Council. Since constitutional convention prevents the executive from exerting its authority to dissolve the Nation Council, the president is unable to hector the legislature into doing his or her bidding, and the president's cabinet is for all intents and purposes subject to National Council approval. The cabinet's composition therefore reflects National Council election results rather than presidential election outcomes. A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ...

After elections, it is customary for the President to ask the leader of the strongest party to become chancellor and form a cabinet. Since this party leader, for all intents and purposes, needs a majority in the National Council, he will usually seek to form a coalition with another political party or parties. The coalition then agrees on a list of ministers, customarily including the coalition parties' leaders. (Obviously, if a party holds a majority in the National Council all by itself, no such coalition is needed. This has happened in the past, but, owing to the growing number of political parties in Austria and the system of proportional representation will not likely again any time soon.) Proportional representation (sometimes referred to as full representation, or PR), is a category of electoral formula aiming at a close match between the percentage of votes that groups of candidates (grouped by a certain measure) obtain in elections and the percentage of seats they receive (usually in legislative assemblies). ...

The list is then submitted to the president by the chancellor-to-be; the president usually adopts it without much argument, although there has been at least one case in recent history where the president did refuse to install a minister. The president remains the right to dismiss the whole cabinet at will, or certain ministers of it at the request of the chancellor. Although elected for a four year term (changing to five after the next elections), the National Council can dissolve itself at any time, bringing about new elections.

The federal chancellor's dual role as executive officeholder and heavyweight party official well-connected to the legislature makes him or her far more powerful than the formally senior federal president. Actual executive authority thus lies with the chancellor and his or her ministers, while the federal president is a figurehead rather than an actual head of government. Austria's presidents are largely content with their ceremonial role, striving for the role of impartial mediator and dignified Elder Statesman, and more or less consistently steer clear of the murky waters of hands-on politics. The stern frown worn by the late president Thomas Klestil while swearing in Wolfgang Schüssel's controversial cabinets was at the time widely considered the strongest unilateral political statement made by any Austrian president. In recent times, however, the current holder of office, Heinz Fischer, has been known to comment on current political issues from time to time. Thomas Klestil (4 November 1932 – 6 July 2004) was an Austrian diplomat and politician. ... Wolfgang Schüssel Wolfgang Schüssel (born on June 7, 1945 in Vienna, Austria) is a Christian Democratic Austrian politician. ...

Judicial and administrative review

Federal and state judicial authority, in particular responsibility for judicial review of administrative acts, lies with the Administrative and Constitutional Court System, a structure essentially consisting of the Constitutional Court and the Administrative Court. The Constitutional Court examines the constitutionality of laws passed by Parliament, the legality of regulations by Federal ministers and finally alleged infringements of constitutional rights of individuals through acts of the administration. It also tries disputes between the federation and its member states, demarcation disputes between other courts and impeachments of the federal president (serving as State Court in that matter.) The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their constitutionality. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies...

The Administrative Court tries all kinds of cases which involve ex officio decisions by public officials or bodies and which are not dealt with by the Constitutional Court. Note that only the Constitutional Court has the authority to strike down laws.

In recent years, an increasing number of tribunals of a judicial nature (article 133 point 4 B-VG) have been introduced in a number of areas to improve the review of the conduct of administrative authorities. The most important among them are the Länder independent administrative chambers (Unabhängige Verwaltungssenate - UVS), who decide, amongst other things, on second authority in proceedings relating to administrative contraventions as well as recourses against acts of direct exercise of command and constraint power from administrative authorities. Other such chambers are competent in the area of tax law (Unabhängiger Finanzsenat- UFS), in terms of asylum (Unabhängiger Bundesasylsenat - UBAS), in relation to environmental matters (Unabhängiger Umweltsenat) or in the field of telecommunications (Unabhängiger Bundeskommunikationssenat). Although all these tribunals are formally part of the administrative organization, their members have guarantees of independence and irremovability and may thus be compared to jurisdictions. Their rulings may be challenged before the Administrative or the Constitutional Court.

The Austrian constitution was the first in the world to enact (in 1920) judicial review under what came to be known as the "Austrian system", where a separate constitutional court reviews legislative acts for their constitutionality. After the U.S. and Australia, where the regular court system is in charge of judicial review, Austria was the third country in the world to have judicial review at all. Many European countries adopted the Austrian system of review after World War II. Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... Judicial review is the power of a court to review the actions of public sector bodies in terms of their constitutionality. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000...

Judiciary

Judicial powers not committed to the Administrative and Constitutional Court System are vested with the Civil and Criminal Court System, a structure consisting of civil courts on the one hand and criminal courts on the other hand. Civil courts try all cases in which both the claimant and the respondent are private citizens or corporations, including but not limited to contract and torts disputes: Austria's legal system, having evolved from that of the Roman Empire, implements civil law and therefore lacks the distinction between courts of law and courts of equity sometimes found in common law jurisdictions. Civil courts do not try suits against the federation or its states in their capacity as administrative units, but only when acting in the form of private law. For other uses, see Roman Empire (disambiguation). ... For other uses of civil law, see civil law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

Most cases are tried before District Courts (Bezirksgerichte, abbrev.: BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev.: LG, singular: Landesgericht) serving as courts of appeal and the Supreme Court (Oberster Gerichtshof, abbrev.: OGH) serving as the court of last resort. In cases considered particularly grave or technically involved, the Regional Courts serve as courts of first instance and specialized Regional Courts of Appeal (Oberlandesgerichte, abbrev.: OLG, singular: Oberlandesgericht) serve as courts of appeal, the Supreme Court still being the court of last resort.

Unlike with court systems such as that of the United States federal judiciary, parties have a statutory right to appeal. Although access to the Supreme Court has been successively restricted to matters of some importance in recent years, higher courts can generally not simply refuse to review a decision reached by subordinate courts. This article describes the government of the United States. ...

Note that the Supreme Court (Oberster Gerichtshof - OGH), the Constitutional Court (Verfassungsgerichtshof - VfGH) and the Administrative Court (Verwaltungsgerichtshof - VwGH) are three separate high courts, none being senior to the other two.

Civil and human rights

Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Laender represented in the Council of the Realm, a decree issued by Emperor Franz Josef on December 21, 1867 in response to pressure by liberal insurgents. Between 1867 and 1918, the Reichsrat was the parliament of Cisleithania, the Austrian part of Austria-Hungary, which was officially known as the kingdoms and lands represented in the Reichsrat (German die im Reichsrat vertretenen Königreiche und Länder). ... The title of Emperor of Austria was proclaimed in 1804 by the Habsburg Holy Roman Emperor, Francis II, who feared for the future of the old Reich in the face of Napoleons aggressions, and wished to maintain his imperial title in the event that the Holy Roman Empire should... Franz Joseph I Franz Joseph (in English also Francis Joseph) (August 18, 1830 - November 21, 1916) of the Habsburg Dynasty was Emperor of Austria and King of Bohemia from 1848 until 1916 and King of Hungary from 1867 until 1916. ... is the 355th day of the year (356th in leap years) in the Gregorian calendar. ... Year 1867 (MDCCCLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... Liberalism is an ideology, philosophical view, and political tradition which holds that liberty is the primary political value. ...

A very important part of Austria's canon of constitutional civil liberties thus originated as an imperatorial edict predating the current Constitution of Austria by roughly fifty years, the reason being that the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution proper: as a lowest common denominator, they resorted to this Basic Law of 1867. Since then, other civil liberties have been set out in other constitutional laws, and Austria is party to the European Convention of Human Rights, which, too, has been implemented as a directly applicable constitutional law in Austria. Civil liberties are protections from the power of governments. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...

Given the fact that the Constitutional Court has begun to interpret the B-VG's equal treatment clause and other constitutional rights rather broadly since at least the early 1980s, civil rights are, as a general matter, relatively well protected.

Further checks and balances

In addition to their legislative capacity, the members of the two houses of parliament have the authority to impeach the president, who is then tried before the Constitutional Court, serving as State Court, or call for a referendum to have the federal president removed from office. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming the National Assembly, and decide on the National Council's motion. If a referendum is hold, and the President is not removed from office by popular vote, he is automatically considered re-elected for another six-year term (although he may still not serve for more then twelve consecutive years), and the National Council will be dissolved automatically, so that new general elections must be held. Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... Elections Part of the Politics series Politics Portal This box:      A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The Politics series Politics Portal This box:      The National Assembly is either a legislature, or the lower house of a bicameral legislature in some countries. ...

The president may also dissolve the National Council, but only once for the same reason during his term of office. Note that the president does not have the power to veto specific acts of legislation: no matter how vehemently he objects to some particular bill, or believes it to be unconstitutional, all he can actually do is threaten to dismiss the government or dissolve the National Council before the bill is actually passed.

Needless to say, none of these emergency powers have been exercised thus far.

Criticism and reform proposals

Probably the most unusual and problematic aspect of Austrian constitutional law is the relative ease with which it can be changed, combined with the fact that constitutional amendments need not be incorporated into the main text of the B-VG, or for that matter any of the more important parts of the constitutional body, but can be enacted as separate constitutional act, or even as a simple section within any act, simply designated as "constitutional" (Verfassungsbestimmung). An amendment is a change to the constitution of a nation or a state. ...

In reality, all that is needed is a majority of two-thirds in the National Council. Only in the case of a fundamental change ("Gesamtänderung") of the constitution a confirmation by referendum is required. Austria's accession to EU in 1995 was considered such a change.

Over the years, the Austrian legal system became littered with literally thousands of constitutional provisions, split up over numerous acts. The reason for this was in many cases that the legislature, in particular when the governing coalition possessed a two-thirds majority in the National Council (such as as between 1945-1966, 1986-1994, 1995-1999, and again since 2007), laws that were considered "constitutionally problematic" were enacted as constitutional laws, effectively protecing them from judicial review by the Constitutional Court. There have even been cases where a provision, that had been previously declared unconstitutional by the competent Constitutional Court, have subsequently been enacted as constitutional laws. Needless to say, the Constitutional Court did and does not like that practice, and has declared that it might, in a not-too-distant future, consider such changes, in their entirety, as "fundamental change" to the constitution, which would require a public referendum. Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... Year 1966 (MCMLXVI) was a common year starting on Saturday (link will display full calendar) of the 1966 Gregorian calendar. ... Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ... Year 1994 (MCMXCIV) The year 1994 was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by the United Nations. ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... This article is about the year. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ...

From 2003 to 2005, a constitutional convention ("Österreich Konvent) consisting of representatives of all parties, representatives of all layers of government and many groups of Austrian society have been debating whether and how to reform the constitution. There was no general consensus on a draft for a new constitution, however. Some minor points that were universally agreed upon have yet to be implemented.