A young nation adopts its constitution - Commemoration and Reflection

On 1 October 1920, the National Assembly approved and enacted the Constitution of the Austrian Republic which came into force on 10 November 1920. This basic law of the First Republic represents a body of laws which apart from a few minor amendments has been in force until this day. The Constitution of 1920 received worldwide recognition and is still considered exemplary.

The federal constitution's "father": Hans Kelsen

The renowned jurist and teacher of constitutional law, Hans Kelsen (1881 to 1973), played a significant role in the drafting of the Federal Constitution. Commissioned by Chancellor Karl Renner, the professor of law drew up a Republican Constitution. Enacted in 1920, this document forms the basis of the Austrian Federal Constitution until this day.

Hans Kelsen believed that a republic's positive development could only evolve in a parliamentarian democracy: Progress could only come about by improving the state. Kelsen's Pure Theory of Law means a theory of law purified of all political ideologies as well as of all scientific elements. His theory which represents a concept based on legal positivism went down in the history of law as the "Wiener Schule".

Basic principles of the constitution

All laws and their enforcement are based on the constitution. Austria is a democratic Republic and a Federal State built on three basic principles:

• The democratic principle
  • Article 1: Austria is a democratic republic. Its law emanates from the people.
• The federal principle
  • Article 2: Austria is a federal state. The Federal State is composed of the autonomous Laender.
• The constitutional principle
  • Article 18: The entire public administration shall be based on law.

The Federal Constitution underwent review in 1925 and 1929. With the amendment of 1925, the distribution of competence between the federal state and the Laender was enforced in order to facilitate the administration by eliminating existing duplications of work. By way of this reform the Laender could from then on also be charged with federal affairs.

The amendment of 1929 essentially enforced the position of the Federal President providing that he should hitherto be elected by the people. Due to the political events of the coming years, this direct election was only to take place for the first time on 6 May 1951.