Misplaced Pages

Constitution of Austria

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

Wöginger • Rendi-Wagner • Kickl • Maurer • Meinl-Reisinger •

#460539

113-400: [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] The Federal Constitution of Austria ( German : Österreichische Bundesverfassung ) is the body of all constitutional law of the Republic of Austria on

226-422: A Constitutional Court . It had been established in 1919 and gained the right to revise the laws of the federal states that year. After the new constitution had been adopted in 1920, the court was also entitled to revise national laws according to the constitution. This scheme of a separate constitutional court able to review legislative acts for their constitutionality came to be known as the "Austrian system". After

339-465: A de facto official language of Namibia after the end of German colonial rule alongside English and Afrikaans , and had de jure co-official status from 1984 until its independence from South Africa in 1990. However, the Namibian government perceived Afrikaans and German as symbols of apartheid and colonialism, and decided English would be the sole official language upon independence, stating that it

452-468: A membership organization . Examples include local chapter meetings of organizations like the Sierra Club . A convention , which is a meeting of delegates who represent constituent units of a population. Conventions are not permanently established bodies, and delegates are normally elected for only one term. A convention may be held by an organized society, where each local assembly is represented by

565-402: A second language , and 75–100   million as a foreign language . This would imply the existence of approximately 175–220   million German speakers worldwide. German sociolinguist Ulrich Ammon estimated a number of 289 million German foreign language speakers without clarifying the criteria by which he classified a speaker. As of 2012 , about 90   million people, or 16% of

678-612: A "commonly used" language and the Pan South African Language Board is obligated to promote and ensure respect for it. Cameroon was also a colony of the German Empire from the same period (1884 to 1916). However, German was replaced by French and English, the languages of the two successor colonial powers, after its loss in World War I . Nevertheless, since the 21st century, German has become

791-632: A National Council resolution overruling a Federal Council objection merely has to meet a higher quorum than a regular resolution. For this reason, the Federal Council has hardly any real power to prevent the adoption of legislation, the National Council being able to override it easily. The Federal Council is sometimes compared to the British House of Lords , another deliberative body able to stall but usually not to strike down

904-527: A cabinet appointed by its legislature. The federal constitution defines Austria itself as a bicameral parliamentary democracy with near-complete separation of powers . Austria's government structure is thus very similar to that of much larger federal republics such as Germany or the United States . The main practical difference between Austria on one hand and Germany or the United States on

1017-400: A cabinet. The list is then submitted to the president by the chancellor-to-be; the president usually adopts it without much argument, although there has been at least one case in recent history where the president did refuse to install a minister. The president retains the right to dismiss the whole cabinet at will, or certain ministers of it at the request of the chancellor. Although elected for

1130-455: A delegate. A legislative body , which is a legally established public lawmaking body. It consists of representatives chosen by the electorate. Examples include national legislatures such as parliaments , and local government councils such as state legislatures , regional assemblies and city councils . A board , which is an administrative, managerial, or quasi-judicial body. A board derives its power from an outside authority that defines

1243-600: A directly applicable constitutional law in Austria. Given the fact that the Constitutional Court has begun to interpret the B-VG's equal treatment clause and other constitutional rights rather broadly since at least the early 1980s, civil rights are, as a general matter, relatively well protected. In addition to their legislative capacity, the members of the two houses of parliament have the authority to impeach

SECTION 10

#1732766156461

1356-401: A five-year term, the National Council can dissolve itself at any time, bringing about new elections. The federal chancellor's dual role as executive officeholder and heavyweight party official well connected to the legislature makes the chancellor far more powerful than the formally senior federal president. Actual executive authority thus lies with the chancellor and his or her ministers, while

1469-559: A greater need for regularity in written conventions. While the major changes of the MHG period were socio-cultural, High German was still undergoing significant linguistic changes in syntax, phonetics, and morphology as well (e.g. diphthongization of certain vowel sounds: hus (OHG & MHG "house") → haus (regionally in later MHG)→ Haus (NHG), and weakening of unstressed short vowels to schwa [ə]: taga (OHG "days")→ tage (MHG)). A great wealth of texts survives from

1582-417: A motion supported by at least one-third of the members of the Federal Council. In practice, most bills are proposed by the cabinet and passed after merely token debate. Bills passed by the National Council are sent to the Federal Council for affirmation. If the Federal Council approves of the bill or simply does nothing for a period of eight weeks, the bill has succeeded. Bills passed by both houses (or passed by

1695-458: A native tongue today, mostly descendants of German colonial settlers . The period of German colonialism in Namibia also led to the evolution of a Standard German-based pidgin language called " Namibian Black German ", which became a second language for parts of the indigenous population. Although it is nearly extinct today, some older Namibians still have some knowledge of it. German remained

1808-568: A parliament. As a practical matter, however, it continues to function as a parliament anyway. Austria's parliament consists of two houses, the National Council and the Federal Council. The 183 members of the National Council are elected by nationwide popular vote under statutes aiming at party-list proportional representation . The currently 64 members of the Federal Council are elected by Austria's nine state legislatures under

1921-633: A popular foreign language among pupils and students, with 300,000 people learning or speaking German in Cameroon in 2010 and over 230,000 in 2020. Today Cameroon is one of the African countries outside Namibia with the highest number of people learning German. In the United States, German is the fifth most spoken language in terms of native and second language speakers after English, Spanish , French , and Chinese (with figures for Cantonese and Mandarin combined), with over 1 million total speakers. In

2034-477: A proposed law. While the House of Lords occasionally exercises its stalling power, however, the Federal Council hardly ever does. Since the parties controlling the National Council consistently also hold a majority in the Federal Council, the latter gives its blessing to essentially everything the former has adopted. Federal executive authority is shared by the federal president and federal cabinet . The president

2147-533: A provision that had been previously declared unconstitutional by the competent Constitutional Court has subsequently been enacted as constitutional law. Needless to say, the Constitutional Court did and does not like that practice, and has declared that it might, in a not-too-distant future, consider such changes, in their entirety, as "fundamental change" to the Constitution, which would require

2260-540: A public referendum. From 2003 to 2005, a constitutional convention ( Österreich Konvent ) consisting of representatives of all parties, representatives of all layers of government and many groups of Austrian society debated whether and how to reform the constitution. There was no general consensus on a draft for a new constitution, however, and some minor points that were universally agreed upon have yet to be implemented. German language German (German: Deutsch , pronounced [dɔʏtʃ] )

2373-483: A result, the surviving texts are written in highly disparate regional dialects and exhibit significant Latin influence, particularly in vocabulary. At this point monasteries, where most written works were produced, were dominated by Latin, and German saw only occasional use in official and ecclesiastical writing. While there is no complete agreement over the dates of the Middle High German (MHG) period, it

SECTION 20

#1732766156461

2486-409: A statute allocating seats roughly proportional to state population size (the largest Bundesland being entitled to twelve members and the others accordingly, but no state to less than three). In theory, the National Council and the Federal Council are peers. As a practical matter, the National Council is decidedly more powerful; the predominance of the National Council is such that Austrians frequently use

2599-640: A system concentrating power in the hands of a single autonomous leader was made in an attempt to appease the para-fascist movements (such as the Heimwehr , or later the Ostmärkische Sturmscharen and the Social Democratic Republikanischer Schutzbund ) thriving in Austria at that time. In 1934, following years of increasingly violent political strife and gradual erosion of the rule of law ,

2712-717: Is a West Germanic language in the Indo-European language family , mainly spoken in Western and Central Europe . It is the most spoken native language within the European Union . It is the most widely spoken and official (or co-official) language in Germany , Austria , Switzerland , Liechtenstein , and the Italian autonomous province of South Tyrol . It is also an official language of Luxembourg , Belgium and

2825-601: Is a recognized minority language in the following countries: In France, the High German varieties of Alsatian and Moselle Franconian are identified as " regional languages ", but the European Charter for Regional or Minority Languages of 1998 has not yet been ratified by the government. Namibia also was a colony of the German Empire, from 1884 to 1915. About 30,000 people still speak German as

2938-612: Is also notable for its broad spectrum of dialects , with many varieties existing in Europe and other parts of the world. Some of these non-standard varieties have become recognized and protected by regional or national governments. Since 2004, heads of state of the German-speaking countries have met every year, and the Council for German Orthography has been the main international body regulating German orthography . German

3051-558: Is an Indo-European language that belongs to the West Germanic group of the Germanic languages . The Germanic languages are traditionally subdivided into three branches: North Germanic , East Germanic , and West Germanic . The first of these branches survives in modern Danish , Swedish , Norwegian , Faroese , and Icelandic , all of which are descended from Old Norse . The East Germanic languages are now extinct, and Gothic

3164-403: Is an unorganized group meeting open to all individuals in a sector of the population who are interested in deliberating about a subject proposed by the meeting's sponsors. Examples include meetings to discuss common political concerns or community interests, or meetings to form a new society. A local assembly of an organized society , which is a membership meeting of a local chapter or branch of

3277-478: Is called the "German Sprachraum ". German is the official language of the following countries: German is a co-official language of the following countries: Although expulsions and (forced) assimilation after the two World wars greatly diminished them, minority communities of mostly bilingual German native speakers exist in areas both adjacent to and detached from the Sprachraum. Within Europe, German

3390-430: Is complicated by the existence of several varieties whose status as separate "languages" or "dialects" is disputed for political and linguistic reasons, including quantitatively strong varieties like certain forms of Alemannic and Low German . With the inclusion or exclusion of certain varieties, it is estimated that approximately 90–95 million people speak German as a first language , 10–25   million speak it as

3503-434: Is elected by popular vote for a term of six years and limited to two consecutive terms of office. The president is the head of state and appoints the cabinet, a body consisting of the federal chancellor and a number of ministers. The president also appoints the members of the Constitutional Court and numerous other public officials, represents the republic in international relations, accredits foreign ambassadors, and acts as

Constitution of Austria - Misplaced Pages Continue

3616-535: Is generally seen as ending when the 1346–53 Black Death decimated Europe's population. Modern High German begins with the Early New High German (ENHG) period, which Wilhelm Scherer dates 1350–1650, terminating with the end of the Thirty Years' War . This period saw the further displacement of Latin by German as the primary language of courtly proceedings and, increasingly, of literature in

3729-611: Is generally seen as lasting from 1050 to 1350. This was a period of significant expansion of the geographical territory occupied by Germanic tribes, and consequently of the number of German speakers. Whereas during the Old High German period the Germanic tribes extended only as far east as the Elbe and Saale rivers, the MHG period saw a number of these tribes expanding beyond this eastern boundary into Slavic territory (known as

3842-421: Is in violation of basic law. Adjudicating upon the constitutionality of the bill itself is the exclusive prerogative of the Constitutional Court. Provided that the bill in question neither amends the constitution such that states' rights are curtailed nor in some other way pertains to the organization of the legislature itself, the National Council can force the bill into law even if the Federal Council rejects it;

3955-565: Is less closely related to languages based on Low Franconian dialects (e.g., Dutch and Afrikaans), Low German or Low Saxon dialects (spoken in northern Germany and southern Denmark ), neither of which underwent the High German consonant shift. As has been noted, the former of these dialect types is Istvaeonic and the latter Ingvaeonic, whereas the High German dialects are all Irminonic; the differences between these languages and standard German are therefore considerable. Also related to German are

4068-458: Is needed is a majority of two-thirds in the National Council. Only in the case of a fundamental change ("Gesamtänderung") of the constitution a confirmation by referendum is required. Austria's accession to EU in 1995 was considered such a change. Over the years, the Austrian legal system became littered with thousands of constitutional provisions, split up over numerous acts. The reason for this

4181-435: Is one of the major languages of the world . German is the second-most widely spoken Germanic language , after English, both as a first and as a second language . German is also widely taught as a foreign language , especially in continental Europe (where it is the third most taught foreign language after English and French), and in the United States. Overall, German is the fourth most commonly learned second language, and

4294-597: Is one of the three biggest newspapers in Namibia and the only German-language daily in Africa. An estimated 12,000 people speak German or a German variety as a first language in South Africa, mostly originating from different waves of immigration during the 19th and 20th centuries. One of the largest communities consists of the speakers of "Nataler Deutsch", a variety of Low German concentrated in and around Wartburg . The South African constitution identifies German as

4407-401: Is partly derived from Latin and Greek , along with fewer words borrowed from French and Modern English . English, however, is the main source of more recent loanwords . German is a pluricentric language ; the three standardized variants are German , Austrian , and Swiss Standard German . Standard German is sometimes called High German , which refers to its regional origin. German

4520-525: Is the Sachsenspiegel , the first book of laws written in Middle Low German ( c.  1220 ). The abundance and especially the secular character of the literature of the MHG period demonstrate the beginnings of a standardized written form of German, as well as the desire of poets and authors to be understood by individuals on supra-dialectal terms. The Middle High German period

4633-578: Is the only language in this branch which survives in written texts. The West Germanic languages, however, have undergone extensive dialectal subdivision and are now represented in modern languages such as English, German, Dutch , Yiddish , Afrikaans , and others. Within the West Germanic language dialect continuum, the Benrath and Uerdingen lines (running through Düsseldorf - Benrath and Krefeld - Uerdingen , respectively) serve to distinguish

Constitution of Austria - Misplaced Pages Continue

4746-485: Is understood in all areas where German is spoken. Approximate distribution of native German speakers (assuming a rounded total of 95 million) worldwide: As a result of the German diaspora , as well as the popularity of German taught as a foreign language , the geographical distribution of German speakers (or "Germanophones") spans all inhabited continents. However, an exact, global number of native German speakers

4859-689: The Ostsiedlung ). With the increasing wealth and geographic spread of the Germanic groups came greater use of German in the courts of nobles as the standard language of official proceedings and literature. A clear example of this is the mittelhochdeutsche Dichtersprache employed in the Hohenstaufen court in Swabia as a standardized supra-dialectal written language. While these efforts were still regionally bound, German began to be used in place of Latin for certain official purposes, leading to

4972-639: The Alamanni , Bavarian, and Thuringian groups, all belonging to the Elbe Germanic group ( Irminones ), which had settled in what is now southern-central Germany and Austria between the second and sixth centuries, during the great migration. In general, the surviving texts of Old High German (OHG) show a wide range of dialectal diversity with very little written uniformity. The early written tradition of OHG survived mostly through monasteries and scriptoria as local translations of Latin originals; as

5085-537: The Early Middle Ages . German is an inflected language , with four cases for nouns, pronouns, and adjectives (nominative, accusative, genitive, dative); three genders (masculine, feminine, neuter) and two numbers (singular, plural). It has strong and weak verbs . The majority of its vocabulary derives from the ancient Germanic branch of the Indo-European language family, while a smaller share

5198-417: The European Union 's population, spoke German as their mother tongue, making it the second most widely spoken language on the continent after Russian and the second biggest language in terms of overall speakers (after English), as well as the most spoken native language. The area in central Europe where the majority of the population speaks German as a first language and has German as a (co-)official language

5311-522: The German states . While these states were still part of the Holy Roman Empire , and far from any form of unification, the desire for a cohesive written language that would be understandable across the many German-speaking principalities and kingdoms was stronger than ever. As a spoken language German remained highly fractured throughout this period, with a vast number of often mutually incomprehensible regional dialects being spoken throughout

5424-746: The Holy Roman Emperor Maximilian I , and the other being Meißner Deutsch , used in the Electorate of Saxony in the Duchy of Saxe-Wittenberg . Alongside these courtly written standards, the invention of the printing press led to the development of a number of printers' languages ( Druckersprachen ) aimed at making printed material readable and understandable across as many diverse dialects of German as possible. The greater ease of production and increased availability of written texts brought about increased standardisation in

5537-555: The National Assembly , and decide on the National Council's motion. If a referendum is held, and the President is not removed from office by popular vote, he is automatically considered re-elected for another six-year term (although he may still not serve for more than twelve consecutive years). The National Council will then be dissolved automatically and new general elections must be held. The president may also dissolve

5650-666: The Old High German language in several Elder Futhark inscriptions from as early as the sixth century AD (such as the Pforzen buckle ), the Old High German period is generally seen as beginning with the Abrogans (written c.  765–775 ), a Latin-German glossary supplying over 3,000 Old High German words with their Latin equivalents. After the Abrogans , the first coherent works written in Old High German appear in

5763-601: The Roman Empire , implements civil law and therefore lacks the distinction between courts of law and courts of equity sometimes found in common law jurisdictions. Civil courts do not try suits against the federation or its states in their capacity as administrative units, but only when acting in the form of private law . Most cases are tried before District Courts (Bezirksgerichte, abbrev.: BG, singular: Bezirksgericht), with Regional Courts (Landesgerichte, abbrev.: LG, singular: Landesgericht) serving as courts of appeal and

SECTION 50

#1732766156461

5876-676: The Sprachraum in Europe. German is used in a wide variety of spheres throughout the country, especially in business, tourism, and public signage, as well as in education, churches (most notably the German-speaking Evangelical Lutheran Church in Namibia (GELK) ), other cultural spheres such as music, and media (such as German language radio programs by the Namibian Broadcasting Corporation ). The Allgemeine Zeitung

5989-550: The Standard German language in its written form, and the Duden Handbook was declared its standard definition. Punctuation and compound spelling (joined or isolated compounds) were not standardized in the process. The Deutsche Bühnensprache ( lit.   ' German stage language ' ) by Theodor Siebs had established conventions for German pronunciation in theatres , three years earlier; however, this

6102-681: The U.S. and the British Dominions (such as Canada and Australia ), where the regular court system is in charge of judicial review, Austria was one of the earliest countries to have judicial review at all (although the Czechoslovak Constitution came into force earlier, the establishment of the Court's new rights itself predated the Czechoslovak Court by a couple of months). Many European countries adopted

6215-545: The United States federal judiciary , parties have a statutory right to appeal. Although access to the Supreme Court has been successively restricted to matters of some importance in recent years, higher courts can generally not simply refuse to review a decision reached by subordinate courts. Note that the Supreme Court (Oberster Gerichtshof - OGH), the Constitutional Court (Verfassungsgerichtshof - VfGH) and

6328-513: The Upper German dialects spoken in the southern German-speaking countries , such as Swiss German ( Alemannic dialects ) and the various Germanic dialects spoken in the French region of Grand Est , such as Alsatian (mainly Alemannic, but also Central–and   Upper Franconian dialects) and Lorraine Franconian (Central Franconian). After these High German dialects, standard German

6441-612: The federal level . It is split up over many different acts. Its centerpiece is the Federal Constitutional Law ( Bundes-Verfassungsgesetz ) (B-VG), which includes the most important federal constitutional provisions. Apart from the B-VG, there are many other 'federal constitutional laws' ( Bundesverfassungsgesetze , singular Bundesverfassungsgesetz , abbrev. BVG, i.e. without the hyphen), as well as individual provisions in statutes and treaties that are designated as constitutional ( Verfassungsbestimmung ). For example,

6554-469: The pagan Germanic tradition. Of particular interest to scholars, however, has been the Hildebrandslied , a secular epic poem telling the tale of an estranged father and son unknowingly meeting each other in battle. Linguistically, this text is highly interesting due to the mixed use of Old Saxon and Old High German dialects in its composition. The written works of this period stem mainly from

6667-690: The "irrevocable" Stadion Constitution from 1848 to 1851, the October Diploma in 1860, the February Patent from 1861 until 1865. The B-VG was based on drafts whose principal author was Hans Kelsen and was first enacted on October 1, 1920. Since political agreement over a bill of rights could not be reached, the Basic Law on the General Rights of Citizens ( Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger ) of 1867

6780-781: The Administrative Court (Verwaltungsgerichtshof - VwGH) are three separate high courts, none being senior to the other two. Most closely resembling a bill of rights in Austria is the Basic Law on the General Rights of Nationals of the Kingdoms and Länder represented in the Council of the Realm , a decree issued by Emperor Franz Josef on December 21, 1867 in response to pressure by liberal insurgents. A very important part of Austria's canon of constitutional civil liberties thus originated as an imperatorial edict predating

6893-550: The Administrative and Constitutional Court System, a structure essentially consisting of the Constitutional Court and the Administrative Court . The Constitutional Court examines the constitutionality of laws passed by Parliament, the legality of regulations by Federal ministers and other administrative authorities and finally alleged infringements of constitutional rights of individuals through decisions of

SECTION 60

#1732766156461

7006-404: The Administrative or the Constitutional Court. In 2014 these administrative tribunals were abolished in favour of eleven administrative courts—one in each state ( Landesverwaltungsgerichte ) and two on the federal level ( Bundesverwaltungsgericht , Bundesfinanzgericht ). The Austrian constitution was the second in the world ( nearly contemporaneous with Czechoslovakia ) to enact judicial review by

7119-557: The Austrian system of review after World War II . Judicial powers not committed to the Administrative and Constitutional Court System are vested with the Civil and Criminal Court System, a structure consisting of civil courts on the one hand and criminal courts on the other hand. Civil courts try all cases in which both the claimant and the respondent are private citizens or corporations, including but not limited to contract and torts disputes: Austria's legal system, having evolved from that of

7232-485: The B-VG does not include a bill of rights , but provisions on civil liberties are split up over various constitutional pieces of legislation. Over time, both the B-VG and the numerous pieces of constitutional law supplementing it have undergone hundreds of minor and major amendments and revisions. Austria has been governed by multiple constitutions, including the Pillersdorf Constitution in 1848,

7345-718: The Constitutional Court has the authority to strike down laws. In recent years, an increasing number of tribunals of a judicial nature (article 133 point 4 B-VG) hade been introduced in a number of areas to improve the review of the conduct of administrative authorities. The most important among them were the Länder independent administrative chambers ( Unabhängige Verwaltungssenate - UVS), who decided, amongst other things, on second authority in proceedings relating to administrative contraventions as well as recourses against acts of direct exercise of command and constraint power from administrative authorities. Other such chambers were competent in

7458-614: The Empire. Its use indicated that the speaker was a merchant or someone from an urban area, regardless of nationality. Prague (German: Prag ) and Budapest ( Buda , German: Ofen ), to name two examples, were gradually Germanized in the years after their incorporation into the Habsburg domain; others, like Pressburg ( Pozsony , now Bratislava), were originally settled during the Habsburg period and were primarily German at that time. Prague, Budapest, Bratislava, and cities like Zagreb (German: Agram ) or Ljubljana (German: Laibach ), contained significant German minorities. In

7571-414: The Frisian languages— North Frisian (spoken in Nordfriesland ), Saterland Frisian (spoken in Saterland ), and West Frisian (spoken in Friesland )—as well as the Anglic languages of English and Scots. These Anglo-Frisian dialects did not take part in the High German consonant shift, and the Anglic languages also adopted much vocabulary from both Old Norse and the Norman language . The history of

7684-417: The German language begins with the High German consonant shift during the Migration Period , which separated Old High German dialects from Old Saxon . This sound shift involved a drastic change in the pronunciation of both voiced and voiceless stop consonants ( b , d , g , and p , t , k , respectively). The primary effects of the shift were the following below. While there is written evidence of

7797-399: The German states; the invention of the printing press c.  1440 and the publication of Luther's vernacular translation of the Bible in 1534, however, had an immense effect on standardizing German as a supra-dialectal written language. The ENHG period saw the rise of several important cross-regional forms of chancery German, one being gemeine tiutsch , used in the court of

7910-623: The Germanic dialects that were affected by the High German consonant shift (south of Benrath) from those that were not (north of Uerdingen). The various regional dialects spoken south of these lines are grouped as High German dialects, while those spoken to the north comprise the Low German and Low Franconian dialects. As members of the West Germanic language family, High German, Low German, and Low Franconian have been proposed to be further distinguished historically as Irminonic , Ingvaeonic , and Istvaeonic , respectively. This classification indicates their historical descent from dialects spoken by

8023-547: The Irminones (also known as the Elbe group), Ingvaeones (or North Sea Germanic group), and Istvaeones (or Weser–Rhine group). Standard German is based on a combination of Thuringian - Upper Saxon and Upper Franconian dialects, which are Central German and Upper German dialects belonging to the High German dialect group. German is therefore closely related to the other languages based on High German dialects, such as Luxembourgish (based on Central Franconian dialects ) and Yiddish . Also closely related to Standard German are

8136-865: The Italian autonomous region of Friuli-Venezia Giulia , as well as a recognized national language in Namibia . There are also notable German-speaking communities in France ( Alsace ), the Czech Republic ( North Bohemia ), Poland ( Upper Silesia ), Slovakia ( Košice Region , Spiš , and Hauerland ), Denmark ( North Schleswig ), Romania and Hungary ( Sopron ). Overseas, sizeable communities of German-speakers are found in Brazil ( Blumenau and Pomerode ), South Africa ( Kroondal ), Namibia , among others, some communities have decidedly Austrian German or Swiss German characters (e.g. Pozuzo , Peru). German

8249-518: The MHG period. Significantly, these texts include a number of impressive secular works, such as the Nibelungenlied , an epic poem telling the story of the dragon -slayer Siegfried ( c.  thirteenth century ), and the Iwein , an Arthurian verse poem by Hartmann von Aue ( c.  1203 ), lyric poems , and courtly romances such as Parzival and Tristan . Also noteworthy

8362-478: The National Council and ignored by the Federal Council) are ultimately signed into law by the federal president . The president does not have the power to veto bills; a signature is a technical formality notarizing that the bill has been introduced and resolved upon in accordance to the procedure stipulated by the constitution. Legislation may be vetoed only on the ground that its genesis, not its substance,

8475-407: The National Council on a motion by its principal committee. A relatively weak president , who was elected by both houses, was to serve as head of state. In 1929, the constitution underwent a revision significantly broadening the prerogatives of the president. In particular, the president was to be elected directly by the people rather than by the legislature. The president was also to be vested with

8588-471: The National Council, but only once for the same reason during his term of office. Note that the president does not have the power to veto specific acts of legislation: no matter how vehemently he objects to some particular bill, or believes it to be unconstitutional, all he can actually do is threaten to dismiss the government or dissolve the National Council before the bill is actually passed. None of these emergency powers have been exercised thus far. Perhaps

8701-507: The Supreme Court (Oberster Gerichtshof, abbrev.: OGH) serving as the court of last resort. In cases considered particularly grave or technically involved, the Regional Courts serve as courts of first instance and specialized Regional Courts of Appeal (Oberlandesgerichte, abbrev.: OLG, singular: Oberlandesgericht) serve as courts of appeal, the Supreme Court still being the court of last resort. Unlike with court systems such as that of

8814-508: The area of tax law ( Unabhängiger Finanzsenat - UFS), in terms of asylum ( Unabhängiger Bundesasylsenat - UBAS), in relation to environmental matters ( Unabhängiger Umweltsenat ) or in the field of telecommunications ( Unabhängiger Bundeskommunikationssenat ). Although all these tribunals were formally part of the administrative organization, their members had guarantees of independence and irremovability and their powers may thus be compared to jurisdictions. Their rulings could be challenged before

8927-464: The authority to dissolve the parliament, a power typically not held by presidents of parliamentary republics. He also had the authority to formally appoint the chancellor and the cabinet. On paper, the president was vested with powers comparable to those of the President of the United States . However, in practice his role remained mostly ceremonial and representative. For example, his right to appoint

9040-449: The chancellor was constrained by the National Council's power to censure the cabinet or individual ministers, meaning the president was all but required to ensure his choice of chancellor had the confidence of the National Council. He exercised many of his other executive functions on the advice of the chancellor. This move away from a government steered predominantly by a fairly large and (by definition) fractioned deliberative body towards

9153-571: The constitution has been heavily modified and amended since then. In area, the Republic of Austria is slightly smaller than Maine , Scotland , or Hokkaidō and home to a relatively ethnically and culturally homogeneous population of 8.8 million people. Given that more than one fifth of its inhabitants are concentrated in the city of Vienna and its suburbs, the nation is also naturally unipolar in terms of both economic and cultural activity. Austria's constitutional framework nevertheless characterizes

9266-532: The current Constitution of Austria by roughly fifty years, the reason being that the framers of the Constitution in 1920 could not agree on a set of civil liberties to include in the constitution proper: as a lowest common denominator, they resorted to this Basic Law of 1867. Since then, other civil liberties have been set out in other constitutional laws, and Austria is party to the European Convention of Human Rights , which, too, has been implemented as

9379-535: The development of non-local forms of language and exposed all speakers to forms of German from outside their own area. With Luther's rendering of the Bible in the vernacular, German asserted itself against the dominance of Latin as a legitimate language for courtly, literary, and now ecclesiastical subject-matter. His Bible was ubiquitous in the German states: nearly every household possessed a copy. Nevertheless, even with

9492-456: The dialect so as to make the work as natural and accessible to German speakers as possible. Copies of Luther's Bible featured a long list of glosses for each region, translating words which were unknown in the region into the regional dialect. Luther said the following concerning his translation method: One who would talk German does not ask the Latin how he shall do it; he must ask the mother in

9605-519: The eastern provinces of Banat , Bukovina , and Transylvania (German: Banat, Buchenland, Siebenbürgen ), German was the predominant language not only in the larger towns—like Temeschburg ( Timișoara ), Hermannstadt ( Sibiu ), and Kronstadt ( Brașov )—but also in many smaller localities in the surrounding areas. In 1901, the Second Orthographic Conference ended with a (nearly) complete standardization of

9718-411: The exception of nine state administrative courts. Federal legislative powers are vested in a body the constitution refers to as a parliament . Ever since the somewhat paradoxical 1929 revision of the constitution, which strengthened the formal separation of powers in Austria at the instigation of sympathizers of fascism, Austria's legislature technically bears more resemblance to a congress than to

9831-418: The expression became the basic term for a body of persons meeting to discuss and determine common action. Merriam-Webster's definition excludes legislatures. Robert's Rules of Order Newly Revised by Henry Martyn Robert describes the following characteristics of a deliberative assembly: Robert's Rules of Order Newly Revised identifies several types of deliberative assemblies. A mass meeting , which

9944-558: The federal president is a figurehead rather than an actual head of government. Austria's presidents are largely content with their ceremonial role, striving for the role of impartial mediator and dignified elder statesman, and more or less consistently steer clear of the murky waters of hands-on politics. In recent times, however, former president Heinz Fischer was known to comment occasionally on current political issues. Federal and state judicial authority, in particular responsibility for judicial review of administrative acts , lies with

10057-435: The home, the children on the streets, the common man in the market-place and note carefully how they talk, then translate accordingly. They will then understand what is said to them because it is German. When Christ says ' ex abundantia cordis os loquitur ,' I would translate, if I followed the papists, aus dem Überflusz des Herzens redet der Mund . But tell me is this talking German? What German understands such stuff? No,

10170-481: The influence of Luther's Bible as an unofficial written standard, a widely accepted standard for written German did not appear until the middle of the eighteenth century. German was the language of commerce and government in the Habsburg Empire , which encompassed a large area of Central and Eastern Europe . Until the mid-nineteenth century, it was essentially the language of townspeople throughout most of

10283-496: The largest concentrations of German speakers are in the states of Rio Grande do Sul (where Riograndenser Hunsrückisch developed), Santa Catarina , and Espírito Santo . Deliberative body A deliberative assembly is a meeting of members who use parliamentary procedure . In a speech to the electorate at Bristol in 1774, Edmund Burke described the British Parliament as a "deliberative assembly", and

10396-420: The lower administrative courts. It also tries disputes between the federation and its member states, demarcation disputes between other courts and impeachments of the federal president (serving as State Court in that matter.) The Administrative Court tries all kinds of cases which involve ex officio decisions by public officials or bodies and which are not dealt with by the Constitutional Court. Note that only

10509-481: The most unusual aspect of Austrian constitutional law is the relative ease with which it can be changed, combined with the fact that a constitutional amendment need not be incorporated into the main text of the B-VG, or for that matter any of the more important parts of the constitutional body, but can be enacted as a separate constitutional act, or even as a simple section within any act, simply designated as "constitutional" (Verfassungsbestimmung). In reality, all that

10622-402: The mother in the home and the plain man would say, Wesz das Herz voll ist, des gehet der Mund über . Luther's translation of the Bible into High German was also decisive for the German language and its evolution from Early New High German to modern Standard German. The publication of Luther's Bible was a decisive moment in the spread of literacy in early modern Germany , and promoted

10735-653: The ninth century, chief among them being the Muspilli , Merseburg charms , and Hildebrandslied , and other religious texts (the Georgslied , Ludwigslied , Evangelienbuch , and translated hymns and prayers). The Muspilli is a Christian poem written in a Bavarian dialect offering an account of the soul after the Last Judgment , and the Merseburg charms are transcriptions of spells and charms from

10848-400: The nominal commander in chief of Austria's armed forces. While Austria's federal cabinet is technically not answerable to the legislature (except for a motion of censure ), it would be almost totally paralyzed without the active support of the National Council. Since constitutional convention prevents the president from using his power to dissolve the National Council on his own authority,

10961-421: The other is that Austria's states have comparatively little autonomy: almost all matters of practical importance, including but not limited to defense, foreign politics, criminal law, corporate law, most other aspects of economic law, education, academia, welfare, telecommunications, and the health care system, lie with the federation. The judiciary (including three supreme courts) is almost exclusively federal, with

11074-413: The president is unable to hector the legislature into doing his or her bidding, and the cabinet is for all intents and purposes subject to National Council approval. The cabinet's composition therefore reflects National Council election results rather than presidential election outcomes. After elections, it is customary for the president to ask the leader of the strongest party to become chancellor and form

11187-423: The president, who is then tried before the Constitutional Court, serving as State Court, or call for a referendum to have the federal president removed from office. Exertion of these emergency powers is a two-step process: first the National Council requests the president to be impeached or subjected to referendum, then the members of the National Council and the Federal Council convene in joint session, thus forming

11300-462: The pronunciation of the ending -ig as [ɪk] instead of [ɪç]. In Northern Germany, High German was a foreign language to most inhabitants, whose native dialects were subsets of Low German. It was usually encountered only in writing or formal speech; in fact, most of High German was a written language, not identical to any spoken dialect, throughout the German-speaking area until well into the 19th century. However, wider standardization of pronunciation

11413-422: The republic as a federation consisting of nine autonomous federal states: Like the federation, each of the nine states of Austria has a constitution defining it to be a republican entity governed according to the principles of representative democracy . The state constitutions congruently define the states to be unicameral parliamentary democracies; each state has a legislature elected by popular vote and

11526-642: The ruling Christian Social Party , which by then had turned to full-scale Austrofascism , formally replaced the constitution by a new basic law defining Austria as an authoritarian corporate state . The Austrofascist constitution was in force until Austria was annexed by Nazi Germany in 1938, ceasing to exist as a sovereign state. The Constitution of Austria was eventually reinstated on May 1, 1945, Austria having reestablished itself as an independent republic shortly before Nazi Germany's definitive collapse. The modifications enacted in 1929 were not then rescinded, and essentially remain in effect until this day, although

11639-433: The scope of its operations. Examples include an organized society's or company's board of directors and government agency boards like a board of education . A member of a deliberative assembly has the right to attend meetings and make and second motions , speak in the debate, and vote. Organizations may have different classes of members (such as regular members, active members, associate members, and honorary members), but

11752-546: The states of North Dakota and South Dakota , German is the most common language spoken at home after English. As a legacy of significant German immigration to the country , German geographical names can be found throughout the Midwest region , such as New Ulm and Bismarck (North Dakota's state capital), plus many other regions. A number of German varieties have developed in the country and are still spoken today, such as Pennsylvania Dutch and Texas German . In Brazil,

11865-500: The term "parliament" to refer to just the National Council instead of to the parliament as a whole. While bicameral legislatures such as the Congress of the United States allow bills to originate in both chambers, Austrian federal legislation always originates in the National Council, never in the Federal Council. In theory, bills can be sponsored by National Council members, by the federal cabinet , by popular initiative , or through

11978-500: The third most commonly learned second language in the United States in K-12 education. The language has been influential in the fields of philosophy, theology, science, and technology. It is the second most commonly used language in science and the third most widely used language on websites . The German-speaking countries are ranked fifth in terms of annual publication of new books, with one-tenth of all books (including e-books) in

12091-555: The world being published in German. German is most closely related to other West Germanic languages, namely Afrikaans , Dutch , English , the Frisian languages , and Scots . It also contains close similarities in vocabulary to some languages in the North Germanic group , such as Danish , Norwegian , and Swedish . Modern German gradually developed from Old High German , which in turn developed from Proto-Germanic during

12204-600: The written form of German. One of the central events in the development of ENHG was the publication of Luther's translation of the Bible into High German (the New Testament was published in 1522; the Old Testament was published in parts and completed in 1534). Luther based his translation primarily on the Meißner Deutsch of Saxony , spending much time among the population of Saxony researching

12317-429: Was a "neutral" language as there were virtually no English native speakers in Namibia at that time. German, Afrikaans, and several indigenous languages thus became "national languages" by law, identifying them as elements of the cultural heritage of the nation and ensuring that the state acknowledged and supported their presence in the country. Today, Namibia is considered to be the only German-speaking country outside of

12430-547: Was an artificial standard that did not correspond to any traditional spoken dialect. Rather, it was based on the pronunciation of German in Northern Germany, although it was subsequently regarded often as a general prescriptive norm, despite differing pronunciation traditions especially in the Upper-German-speaking regions that still characterise the dialect of the area today – especially

12543-492: Was established on the basis of public speaking in theatres and the media during the 20th century and documented in pronouncing dictionaries. Official revisions of some of the rules from 1901 were not issued until the controversial German orthography reform of 1996 was made the official standard by governments of all German-speaking countries. Media and written works are now almost all produced in Standard German which

12656-402: Was in many cases that the legislature—in particular when the governing coalition possessed a two-thirds majority in the National Council (such as between 1945–1966, 1986–1994, 1995–1999, and 2007–2008)—enacted laws that were considered "constitutionally problematic" as constitutional laws, effectively protecting them from judicial review by the Constitutional Court. There have even been cases where

12769-478: Was left in place and designated as constitutional law. Originally, the B-VG was very parliamentarian in character. The prerogative to enact law was to lie with a comparatively strong parliament, the Federal Assembly composed of two houses, the National Council and the Federal Council . The responsibility for implementing law was to reside with a cabinet headed by a chancellor , who was nominated by

#460539