Constitutional framework
Under the constitution of 1920—with minor changes made in 1929—Austria is a “democratic republic: its law derives from the people.” A federal republic, Austria consists of nine self-governing Länder (states): Burgenland, Kärnten (Carinthia), Niederösterreich (Lower Austria), Oberösterreich (Upper Austria), Salzburg, Steiermark (Styria), Tirol, Vorarlberg, and Wien (Vienna). The states have considerable autonomy.
In 1934 the Austrian constitution was replaced by an authoritarian regime under Chancellors Engelbert Dollfuss and Kurt von Schuschnigg. This in turn was eliminated by Adolf Hitler after Nazi Germany annexed Austria in 1938 (see Anschluss). With the liberation of Austria in 1945, the constitution of 1929 was revived and subsequently became the foundation stone of constitutional and political life in the “Second Republic.”
The federal president and the cabinet share executive authority. The president, elected by popular vote for a term of six years, acts as head of state and calls parliament into session. The president can dissolve parliament during the four-year legislative period, unless it dissolves itself by law, and can order new elections. The president also acts as commander in chief of the armed forces.
The head of government is the federal chancellor. The president appoints the chancellor, although the parliamentary majority actually determines the president’s choice. The chancellor nominates the other cabinet members, who also are officially appointed by the president. The cabinet cannot remain in office if it and its members do not enjoy the confidence of the majority of the National Council (one of the houses of parliament).
The parliament, known as the Federal Assembly, consists of two houses: the National Council (Nationalrat) and the Federal Council (Bundesrat). The National Council, wielding the primary legislative power, is elected by all citizens who are at least 16 years of age, and every citizen over age 26 is eligible to run for office. The distribution of seats in the National Council is based on a system of proportional representation. The members of the Federal Council represent the states. The assemblies, or diets, of the states elect the members by a proportional system based on the population of the state.
The legislative process originates in the National Council. Each bill—except for the budget, which is the sole prerogative of the National Council—must be approved by the Federal Council. The National Council, however, can override a Federal Council veto by a simple majority vote.
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