1848: Austria’s First Basic Law: The Pillersdorf Constitution

Baron Franz von Pillersdorf(f) (1786–1862) studied law and began his career in the financial administration of the Habsburg Empire. He then became head of the United Court Chancellery in 1842. His outlook had been shaped by the progressive and rational era of Josephinism—named after Emperor Joseph II. On 20 March 1848, Pillersdorf, a declared liberal, was appointed Interior Minister and, on 4 May, he also assumed the office of Minister President.

Under his leadership, the “Central Committee of the Estates” drafted the first constitution for the countries now united as the “Austrian Empire”. It was enacted on 25 April 1848.

For the first time, the constitution defined the Austrian Empire, which formed a personal union with the Kingdom of Hungary and Lombardy-Venetia, as a constitutional monarchy. The people would be represented by a two-chamber parliament. The first chamber—the Senate—was made up of the Habsburg archdukes who had reached the age of 24, ministers appointed by the emperor, and elected representatives of the large landowners. The second chamber—the Chamber of Representatives—had 383 members, who were elected by men over the age of 24 who were not welfare recipients, domestic servants or workers paid a daily or weekly wage. This parliament had the right to draft and vote on laws, but only met at the emperor’s request. The emperor, as the ultimate state authority, had an absolute right of veto on any parliamentary initiative. Draft laws could only come into force by his will.

The crucial point for the empire’s inhabitants was the remarkable catalogue of fundamental rights contained in the constitution (read the original German text here). Citizens were guaranteed civil and political rights, including the freedom of religion and of conscience. It guaranteed due process of law, freedom of the press and secrecy of correspondence—to take just a few examples from the comprehensive body of laws. In addition, it guaranteed basic social and economic rights, including a right to choose your occupation, the inviolability of property, and equal access to all citizens to public office. 

Neither the old elites nor the majority of the population, which was pushing for democratisation, could find sympathy with this first constitution. After the Viennese National Guard, students and workers presented a list of demands (the “Storm Petition”), the constitution was downgraded to a provisional arrangement on 16 May. The failure of this constitution combined with continuing unrest in the Kingdom of Hungary and the Italian regions under Habsburg rule forced Pillersdorf to resign on 8 July 1848. “His” constitution would be replaced by the Imperial Council (Reichsrat).