Beiträge zur Rechtsgeschichte Österreichs 2 / 2018, pp. 236-246, 2018/11/28
Normsetzung im Notstand
Außerordentliche Gesetzgebungsbefugnisse im 19. und 20. Jahrhundert
The following contribution deals with procedures which allow executive powers instead of the parliament to issue provisional laws in cases of a national emergency. The first such provisions were made during Austria’s first constitutional period (1848–1851). In the following neoabsolutistic period (1851–1860) – when there was no parliament – it was not necessary to provide for such instruments. With the first step back towards a parliamentary political system in 1861, executive powers were for the second time authorised to issue emergency decrees. Following the restauration of a constitutional political system in the shape of the Cisleithanian December Constitution in 1867, restrictions relating to formal prerequisites and substantial barriers in dealing with emergency decrees were created, following the models provided by the Austrian Constitution of 1849 as well as the Draft Constitution of the Imperial Diet at Kremsier in 1848.
Keywords: Austrian Constitution of 1849–Cisleithanian December Constitution of 1867–constitutional system–emergency decrees–executive power–Kremsier Draft Constitution of 1848/49–legislative power
