Beiträge zur Rechtsgeschichte Österreichs 2 / 2012, pp. 381-395, 2012/12/20
In Austria laws were made by the Emperor alone until 1860/61, when Austria became a constitutional monarchyand the legislative procedure was changed. Now a provisional act of parliament and the Emperor’s sanction werenecessary to enact a new law. Nevertheless the prevailing legal doctrine still considered the Emperor the only legislator.This theory had been developed by the German scholar Paul Laband and was widely adopted in Austria. A fewyears before World War I two young Austrian constitutional lawyers, Josef Lukas and Hans Kelsen, began to questionit.
