(The document below was taken from Walter Farleigh Dodd, ed., Modern Constitutions: A Collection of the Fundamental Laws of Twenty-two of the Most Important Countries of the World, With Historical and Bibliographical Notes. [Chicago: The University of Chicago Press, 1909].)
Article 1. For all natives of the various kingdoms and countries
represented in the Reichsrat there exists a common right of Austrian citizenship.
The law shall determine under what conditions Austrian citizenship is gained,
exercised, and lost.
Article 2. All citizens are equal before the law.
Article 3. Public offices shall be equally open to all citizens.
The admission of foreigners to public office is dependent upon their acquisition
of Austrian citizenship.
Article 4. The freedom of passage of persons and property, within
the territories of the state, shall be subject to no restrictions.
All citizens who live within a commune and pay therein a tax on real property,
business, or income, shall have the right to vote for members of the communal
assembly [Gemeindevertretung] and shall be eligible to that body, under
the same conditions as natives of the commune.
Freedom of emigration is limited by the state only by the obligation to
serve in the army.
Taxes on emigration shall be levied only as a measure of retaliation.
Article 5. Property is inviolable. Forced expropriation shall take
place only in the cases and according to the forms determined by law.
Article 6. Every citizen may dwell temporarily or establish his
residence in any part of the territory of the state, acquire real property
of any kind and freely dispose of the same, and may also engage in any
form of business, under legal conditions.
In the matter of mortmain the law may, for reasons of public policy, restrict
the right of acquiring and of disposing of real property.
Article 7. Every relation of vassalage or dependence is forever
abolished. Every burden or charge resting upon the title of real property
is redeemable, and in future no land shall be burdened with an irredeemable
charge.
Article 8. Liberty of person is guaranteed. The law of October 27,
1862, on the protection of individual liberty is hereby declared to be
an integral part of the present fundamental law. Every arrest ordered or
prolonged in violation of law imposes an obligation upon the state to indemnify
the injured party.
Article 9. The domicile is inviolable. The law of October 27, 1862,
for the protection of the domicile is hereby declared an integral part
of this fundamental law.
Article 10. The secrecy of letters shall not be violated; the seizure
of letters, except in case of a legal arrest or search, shall take place
only in time of war, or by virtue of a judicial order issued in conformity
with the law.
Article 11. The right of petition is free to everyone. Petitions
under a collective name should emanate only from legally recognized corporations
or associations.
Article 12. Austrian citizens shall have the right to assemble together,
and to form associations. The exercise of these rights is regulated by
special laws.
Article 13. Everyone shall have the right, within legal limits,
freely to express his thoughts orally, in writing, through the press, or
by pictorial representation.
The press shall not be placed under censorship, nor restrained by the system
of licenses. Administrative prohibitions of the use of the mail are not
applicable to matter printed within the country.
Article 14. Full freedom of religion and of conscience is guaranteed
to all. The enjoyment of civil and political rights is independent of religious
belief; however, religious belief shall in no way interfere with the performance
of civil duties.
No one shall be forced to perform any religious rite or to participate
in any religious ceremony except in so far as he is subject to another
who has legal authority in this matter.
Article 15. Every legally recognized church and religious society
has the right publicly to exercise its religious worship; it regulates
and administers its internal affairs independently, remains in possession
and enjoyment of its establishments, institutions, and property held for
religious, educational, and charitable purposes; but is subject, as other
societies, to the general laws of the state.
Article 16. Adherents of a religious confession not legally recognized
are permitted to worship privately, in so far as their religious services
are not illegal or contrary to public morals.
Article 17. Science and its teaching shall be free. Every citizen,
whose capacity has been established in conformity with law, shall have
the right to establish institutions of instruction and education, and to
give instruction therein. Private instruction shall be subject to no such
restriction. Religious instruction in the schools shall be left to the
church or religious society to which the school is attached. The state
shall have the right to superior direction and superintendence over the
entire system of education and instruction.
Article 18. Everyone shall be free to choose his occupation and
to prepare himself for it in such places and in such manner as he may wish.
Article 19. All the races of the state shall have equal rights,
and each race shall have the inviolable right of maintaining and cultivating
its nationality and language.
The state recognizes the equality of the various languages in the schools,
public offices, and in public life.
In the countries populated by several races, the institutions of public
instruction shall be so organized that each race may receive the necessary
instruction in its own language, without being obliged to learn a second
language.
Article 20. A special law shall determine the right of the responsible
governing power to suspend temporarily and in certain places the rights
mentioned in Articles 8, 9, 10, 12, and 13.
Section 1. The Reichsrat is the common representative body of
the kingdoms of Bohemia, Dalmatia, Galicia and Lodomeria with the Grand
Duchy of Cracow, of the Archduchies of Lower and Upper Austria, of the
Duchies of Salzburg, Styria, Carinthia, Carniola, and Bukovina, of the
Margravate of Moravia, of the Duchy of Upper and Lower Silesia, of the
Princely County of Tyrol and the territory of Voralberg, of the Margravate
of Istria, of the Princely County of Gorz and Gradizia, and of the City
of Trieste with its territory. The Reichsrat is composed of a House of
Lords and a House of Representatives. . .
Section 7. Every male person who has attained the age of twenty-four
years, possesses Austrian citizenship, is not excluded from the right to
vote by the provisions of the election law of the Reichsrat, and who at
the time of the election is ordered has resided for at least one year in
the Austrian commune in which the right to vote is to be exercised, is
qualified to vote for representatives.
Every male person who has been in possession of Austrian citizenship for
at least three years, has attained the age of thirty years, and is not
excluded from the right to vote by the provisions of the election law of
the Reichsrat, is eligible as a representative. . .
Section 10. The Reichsrat shall be convened annually by the Emperor,
during the winter months when possible.
Section 11. The competence of the Reichsrat extends to all matters
which relate to the rights, obligations, and interests common to the countries
represented therein, in so far as these matters are not to be handled in
common, in consequence of the agreement of the countries of the Hungarian
crown with the other countries of the monarchy.
Thus, the competence of the Reichsrat extends to:
a) The examination and approval of commercial treaties and of those political
treaties which place a financial burden upon the empire or upon any part
thereof . . .
b) All matters which relate to the form as well as to the regulation and
term of military service . . .
c) The establishment of the budget, and particularly the annual grant of
taxes and duties to be levied . . .
d) The regulation of the monetary system and of banks of issue, of customs
and commercial affairs . . .
e) Legislation concerning credit, banks, patents of inventions, industry
. . . weights and measures, the protection of trade marks and of industrial
goods.
f) Legislation concerning public health . . .
g) Legislation concerning citizenship and domicile . . .
h) Concerning confessional relations, the rights of assembly and association
[and] the press . . .
i) The establishment of the principles of the educational system in the
primary and secondary schools, and legislation concerning the universities.
k) Legislation concerning criminal justice and police penalties [and] the
civil law. . .
l) Legislation concerning the principles of the judicial and administrative
organization.
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o) Legislation concerning the manner of handling matters which, through
the agreement with Hungary, are recognized as common to the two parts of
the empire.
Section 14. If urgent circumstances should render necessary some
measure constitutionally requiring the consent of the Reichsrat, when that
body is not in session, such measure may be taken by imperial ordinance,
issued under the collective responsibility of the ministry, provided it
makes no alteration of the fundamental law, imposes no lasting burden upon
the public treasury, and alienates none of the domain of the state. Such
ordinances have provisionally the force of law, if they are signed by all
of the ministers, and shall be published with an express reference to this
provision of the fundamental law.
The legal force of such an ordinance shall cease if the government neglects
to present it for the approval of the Reichsrat at its next succeeding
session, and indeed first to the House of Representatives, within four
weeks after its convention, or if one of the two houses refuses its approval
thereto.
The ministry shall be collectively responsible for the withdrawal of such
ordinances as soon as they have lost their provisional force.
Section 19. The adjournment of the Reichsrat or the dissolution
of the House of Representatives shall take place by decree of the Emperor.
In case of dissolution a new election shall be held in conformity with
Section 7.