Austrian states in transformation processes (1918-1920)

After the dissolution of the Austro-Hungarian Empire, it became necessary to organise the constitutional order in the former Cisleithan lands, as well as to establish state borders. The territory of the new Austrian state was defined by domestic legislation and international treaties. The adoption of the Act on the Transfer of State Power in the Lander on 14 November 1918 becomes truly revolutionary. However, this law is heavily criticised by Hans Kelsen, professor at the University of Vienna and consultant to the State Chancellery. Fundamental questions about the future relationship between the state and the Lander were vigorously debated at the Land Conferences. The Lander favoured the Swiss model of a federal state, as opposed to the English system of self-government. The collapse of the empire, the rupture of former economic ties, and the construction of a new state formation led to the growth of separatist sentiments in the Austrian states. On the initiative of the Salzburg Christian Socialists, representatives of the "Alpine lands" at a meeting in Salzburg began to develop a unified position. The proposal of the Christian Socialists was strongly opposed by the other parties. Subsequently, State Chancellor Renner commissioned Kelsen to draft a constitution for the State Government. The resolution of the Tyrolean Landtag of 27 September 1919, which served as a powerful impetus for the final resolution of the constitutional question and a call for the Austrian states to cooperate, resonated with the public. Shortly before the opening of the land conference in Salzburg (15-17 February 1920), at which it was planned to discuss the question of the federal or unitary character of the new state, a series of publications were published under the general title "Preliminary Draft of the Austrian Constitution". Modern scholars attribute the authorship of these texts to Hans Kelsen. The text of the constitution was not fully finalised before the Constituent National Assembly. Nevertheless, representatives of political parties supported the implementation of constitutional reform. However, after the Federal Constitutional Act of 1920, many issues remained unresolved, in particular the division of Lower Austria and Vienna and the inclusion of Burgenland. There were still separatist movements in Western Austria. In 1922, the first commentary on the Federal Constitutional Law of 1920 was published. Hans Kelsen's co-editors were Georg Frohlich and Adolf Merkl. All three witnessed not only the birth of the new state of German Austria, but also its political and legal development until the constitution was adopted. The authors declare no conflicts of interests.

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