This entry details the creation of Austria's Federal Constitutional Law in 1920, a foundational document for the democratic republic. It explores the compromises made between political parties, particularly regarding federalism, and the roles of key figures like Karl Renner and Hans Kelsen in its drafting.
The Federal Constitutional Law enacted on October 1, 1920, established Austria as a federal state, with its core principles stating that "Austria is a democratic republic. Its law emanates from the people." This law was a critical step in defining the new state's structure, addressing fundamental disagreements between major political forces, especially concerning centralism versus federalism. The drafting process involved extensive negotiations and input from various political figures and legal experts, notably Staatsrechtslehrer Hans Kelsen, who was commissioned by Chancellor Karl Renner. The text highlights the pressing need for such a constitution, influenced by stipulations in the Treaty of Saint-Germain and the desire to prevent separatism. Despite some political factions favoring more centralized power, the Social Democrats' slightly more centralist vision ultimately gained stronger traction due to efforts by Christian Social politician Ignaz Seipel to moderate the federal states' demands. Consequently, Austrian federalism was marked by a weaker initial structure. The path to the 1920 constitution was complex, involving multiple drafts and land conferences, culminating in the Renner-Mayr draft which was unanimously approved. This constitution is noted as one of Europe's oldest still-valid constitutions, though it was incomplete from the outset due to unresolved issues like fundamental rights and federal-state competencies.