Pillersdorf Constitution

The Pillersdorf Constitution, by Franz Piller village drafted and named after him, is the first Austrian constitution, which is based on the principle of constitutionalism. It was adopted on 25 April 1848 but declared on 16 May of the same year through a constitutional amendment to the provisional.

She was only intended for the so-called hereditary lands and was not considered due to the local processes of radicalization for the Kingdom of Hungary and the Italian territories. The Pillersdorf constitution was rejected by the liberal forces than less democratic. After the effect of " storm petition " of the National Guards, workers and students in Vienna this Constitution was declared as provisional ( with promise of universal and equal suffrage ) and eventually withdrawn in July by imperial proclamation on 16 May 1848.

Prehistory

After the French Revolution of February initiated riots in Milan, Prague and Hungary, this eventually spread to Vienna on March 13. On 15th March 1848 it came under pressure from the March Revolution to the abolition of censorship and the imperial promise of a constitution of his country. Furthermore, were the basic academic rights ( freedom of teaching and learning ) guarantees and lifted the Dispenspflicht the tolerance patent. The then State Chancellor Metternich was forced to resign and fled to Britain. In its place came to Prince Schwarzenberg. Then the main responsible Minister Piller village was established on March 17, 1848. Stewards of the estates (so-called corporative Central Committee ) and the government working under the auspices of Minister of the Interior Piller village together from a constitution. This " Bill of Rights of the Austrian Empire " came into effect on April 25, 1848 (PGS 49 ) came into force. As an example, the constitutions of the States, and Belgium were from 1830.

Components

The Constitution provided for a summary of all the countries on this side of the Leitha to a constitutional monarchy "Austrian imperial state " before. Hungary was excluded from the Pillersdorf Constitution, since Hungary recognized on 11 April adopted by the Hungarian Parliament 31 articles of law ( = Hungarian independence ) and reforms as the Constitution and was thus connected only in personal union with the rest of the monarchy. The April 8 against Bohemia promise given its own constitution, however, was never cashed. There was only an internal letter from the Emperor to the Constitution promises to Minister Piller village, collected by the Czechs in their Bohemian Provincial Law collection and called it Bohemian Charter.

As a representation of the people she saw a bicameral ago:

• Senate Princes of the House, who have reached the age of 24.Lebensjahr
• Appointed by the Emperor Minister
• Selected landowners

• Consisted of 383 members, who were elected by the people

This Parliament had but no self- right of assembly, it involved the right of legislative initiative and was with the Emperor in the legislative process.

Select all were large year-old men ( who have completed 24 years of age ), excluding servants, welfare recipients and workers against daily and weekly wage.

Support of state power was the Emperor, his orders had to be countersigned by a responsible Minister, however. The Emperor, however, should have an absolute right to veto the decisions of this Parliament. To prevent further uprisings, the emperor felt bound by it.

The jurisdiction was given by independent courts. Procedures were publicly and orally, in criminal cases had to be called a trial by jury.

The constitution included, among other things, a bill of rights, which at that time was considered quite advanced. This difference between human rights and citizenship rights that were considered state objectives ( eg protection of equality and freedom, faith and belief as well as of property). However, Federalism was still weak. So there was still Estates, which had no private right of legislation and that of the state as a whole is not well attended. They had only the " perception of provincial interests " (§ 54) to the task and had the Reichstag about " contemporary changes to the existing constitution and the basic relief proposals to reimburse " (§ 55). The constitution also " circles with Municipaleinrichtungen " (§ 56) and "church constitutions " (§ 57 ) before.

The due to the constitutional amendment chosen on 16 May Reichstag with only one chamber drew up a new constitution under stipulation of popular sovereignty ( " Kremsier design " ), but the new Emperor Franz Joseph I forced the Empire Constitution on ( imposed Constitution ), the but in 1851 set with the New Year's patent again suspended. Until 1859 the emperor ruled alone ( neo-absolutism ).