What remained of 1848? Trendsetting Consequences of the Revolution in Austria

Neschwara, Christian (2024) What remained of 1848? Trendsetting Consequences of the Revolution in Austria. In: Fundamental Legal Transformations as a Consequence of the Springtime of Nations (1848). Studies of the Ferenc Mádl Institute, 3 (3). Ferenc Mádl Institute of Comparative Law, Budapest, pp. 11-42. ISBN 9786156356482

Preview

Text TKEN3 Fundamental Legal Transformations 02 Neschwara.pdf - Published Version Download (324kB) | Preview

Abstract

From the point of view of an Austrian Legal Historian as (ever) lasting impacts of the 1848/49 revolution in Austria we can keyword-like count : (1.) Constitutions firstly promised the equality of citizens before the law and guaranteed equal rights also to churches and religious communities. (2.) The progress of political development led to the extinction of the traditional estate system and (3.) to the abolition of subservience of peasants − with far-reaching social and economic importance. (4.) State district courts took the place of the manorial patrimonial courts through uniformly organized local districts with authorities serving for sovereign administration, and on the field of autonomous tasks with communal authorities (Gemeinden) following the construction for self-organization. (6.) While the security police continued to exist in the cities, in the countryside the gendarmerie served as a separate armed security body. (7.) The decentralization of state power initiated the federalization of the state too. (8.) Self-government served as an organization-model for single professions in chambers, first for trade and commerce. (9.) Instead of collegial organised central state authorities of the Ancien Regime modern monocratic ministries came into being – this was a prerequisite for the political responsibility of the state administration to the parliament. (10.) For the first in the territory of today’s Austria elections led to the formation of modern parliaments, the German National Assembly (Deutsche Nationalversammlung) and the Austrian Imperial Diet (Österreichischer Reichstag). At least: What began in 1848 as a “springtime of the people” awakened nationalistic tendencies among Czechs, Poles and South Slavs and led to a far-reaching reorganization of the political map of the entire East-Central European area – not already in 1848, but in 1918 − following the dissolution of the Habsburg monarchy.

Actions (login required)

Edit Item