| Editor's Introduction | 1 | |
| Historical Commentary on the Period by Erika Weinzieri | 10 | |
| Part I. "Total" and "Authoritarian" as Symbols | ||
|
1. The Elements of Meaning Contained in the
Symbols "Total" and 'Authoritarian" |
57 | |
| Part II. The Austrian Constitutional Problem after 1848 | ||
| 2. The Foundation of Austrian Constitutional Theory: Baron Eötvös | 109 | |
| 3. The Constitutional Situation of 1848-1849 | 126 | |
| 4. The Cycles of the Constitutions | 139 | |
| 5. The Founding of the State in 1918-1920 | 147 | |
| Part III. The Authoritarian Constitution since 1933 | ||
|
6. Kelsen's Pure Theory of Law and the Problem of
an Austrian Theory of the State |
163 | |
|
7. The Constitutional Transition (March 1933 to
May 1934) |
213 | |
| 8. The Core of the Authoritarian State | 249 | |
| 9. The Authoritarian Chambers | 275 | |
|
10. The Relationship of the Executive to the
Agencies of the Federal and Provincial Legislatures |
309 | |
|
11. Emergency Powers Granted the Administration
and Their Control |
332 | |
|
12. The Directly Democratic and Constitutional
Mechanisms |
357 | |
| Bibliography to Part III | 363 | |
| Appendix: The Changes in the Ideas on Government and Constitution in Austria since 1918 | 367 | |
| Index | 381 | |
ANALYTICAL TABLE OF CONTENTS |
||
| Foreword | 47 | |
| Introduction | 49 | |
Part I. "Total" and "Authoritarian" as Symbols |
||
|
1. The Elements of Meaning Contained in the
Symbols "Total" and "Authoritarian" |
57 | |
| §1. Political Symbol and Theoretical Concept | 57 | |
| §2. Carl Schmitt's Concept of the Total State | 58 | |
|
§3. Economic and Political Phases of the Reality of
the State (Lorenz von Stein, Maurice Hauriou) |
63 | |
|
§4. The Economic Element in the Reality of the
Total State |
66 | |
| §5. The Averroist Factor in Speculations on Totality | 72 | |
|
§6. State and
Volk
as Total Substances (Fascism and
National Socialism) |
75 | |
|
§7. The Substances as Symbols in the Situation of
Struggle |
79 | |
| §8. The Historical Significance of the Symbols | 81 | |
|
§9. The Relative Emphasis Placed on the Elements
in the Overall Picture of the State. I: The French Race Idea (Hauriou, Martial) |
83 | |
|
§10. The Relative Emphasis of the Elements in the
Overall Image of the State. II: The French Idea of the People (Rousseau) |
85 | |
|
§11. The Element of Education in the Reality of the
Total State |
87 | |
| §12. Elite and the Masses: Authoritarian Leadership | 89 | |
| §13. Blanqui's Theory of the Elite (1869) | 90 | |
| §14. Elite and Authority in Renan (1871) | 93 | |
|
§15. The Institutionalist Theory of Authority
(Renan, Hauriou) |
98 | |
| §16. The Austrian Theory of Authority (Dollfuss) | 102 | |
|
§17. The Activist Element in the Reality of the Total
State |
103 | |
| §18. Summary | 105 | |
Part II. The Austrian Constitutional Problem after 1848 |
||
|
2. The Foundation of Austrian Constitutional Theory:
Baron Eötvös |
109 | |
| 3. The Constitutional Situation of 1848-1849 | 126 | |
| 4. The Cycles of the Constitutions | 139 | |
| 5. The Founding of the State in 1918-1920 | 147 | |
Part III. The Authoritarian Constitution since 1933 |
||
|
6. Kelsen's Pure Theory of Law and the Problem of an
Austrian Theory of the State |
163 | |
|
§1. The Guiding Idea of the Presentation: Kelsen's
Positivist Metaphysics |
163 | |
| §2. The Neo-Kantian Demand for Purity of Method | 165 | |
|
§3. The Positivist Trait in the Neo-Kantian
Critique of Method |
166 | |
| §4. The Unity of Object and the Unity of Being | 167 | |
|
§5. The Unity of the Object and the
Self-Constitution of Social Reality |
169 | |
|
§6. Vacillation between Scientific Context and the
Structure of Reality |
170 | |
|
§7. The Legal Order as a Unit from the Standpoint
of the Practitioner of Law [ Rechtsanwender ] and the Dogmatist of Law |
171 | |
|
§8. The State as Relevant Unit of Order—the "Act"
as Second Object beside the "Norm"—the Context of Delegation |
172 | |
|
§9. The Breach of the Positivist System through
Recognition of the "Ideology"of the Norm |
174 | |
| §10. The Metaphysical Function of "Sociology" | 175 | |
|
§11. The Legal Order as a Context of "Norms" and
"Acts"; the "Basic Norm" |
176 | |
|
§12. The System of Metaphysical Battle Concepts
[ Kampfbegriffe ] |
177 | |
|
§13. Eliminating the Reality of the State from the
Object of the Theory of the State |
179 | |
|
§14. The Problem of Ordering Being by Establishing
Norms of Human Behavior |
180 | |
| §15. The Disintegration of the Person | 182 | |
| §16. The Disintegration of the State | 184 | |
|
§17. Kelsen's Positive Metaphysical and Political
Demands; the Law as Compulsory Order [ Zwangsordnung }; Privatization of the Constitution |
184 | |
|
§18. Kelsen's Metaphysics of Progress; the Order of
Universal Law [ Weltrechtsordnung ] |
188 | |
|
§19. Kelsen's Pure Theory of Law in the Tradition of
Austrian Theory of the State |
189 | |
| §20. Joseph Ulbrich | 192 | |
| §21. Ludwig Gumplowicz | 194 | |
| §22. Felix Stoerk and Friedrich Tezner | 198 | |
|
§23. The Consequences of Pure Theory of Law for
the Interpretation of Positive Law |
206 | |
|
7. The Constitutional Transition (March 1933 to May
1934) |
213 | |
| §1. The Legal Continuum—Legality and Legitimacy | 213 | |
|
§2. The Practice of the Wartime Economic Decrees
from March 1933 to the Enactment of the Constitution of 1934 |
223 | |
|
§3. The Federal Regulation of April 24, 1934,
Concerning the Constitution of the Federal State of Austria, BGBl I, No. 239 |
235 | |
|
§4. The Enabling Act of April 30, 1934, BGBl I, No.
255 |
236 | |
| §5. The Complete Act of Constitutional Legislation | 246 | |
| 8. The Core of the Authoritarian State | 249 | |
|
§1. The Anonymity of Power; The Systematics of
the Constitution |
249 | |
|
§2. The Enabling Act of April 30, 1934, and the
Constitutional Transition Act of 1934 |
254 | |
|
§3. The Core of the Authoritarian State of the 1934
Constitution |
255 | |
|
§4. The Federal President and the Federal
Government |
257 | |
|
§5. The Provincial Governor and the Provincial
Government |
266 | |
|
§6. The Mayors and the Election of the Federal
President |
271 | |
| 9. The Authoritarian Chambers | 275 | |
|
§1. Corporative Society and the Corporative State;
Seipel's Ideas; the Encyclicals |
275 | |
|
§2. Hegel's Critique of the English Reform Bill of
1831 |
283 | |
| §3. Grey's Reform Proposals | 287 | |
| §4. Principles and Methods for a Solution | 293 | |
|
§5. The Austrian Solution: Advisory Chambers and
the Bundestag |
296 | |
| §6. The Provincial Diets and the Municipal Diets | 306 | |
|
10. The Relationship of the Executive to the Agencies
of the Federal and Provincial Legislatures |
309 | |
| §1. The Term of Office of the Federal Legislature | 309 | |
| §2. The Organization of the Federal Legislature | 312 | |
|
§3. The Position of the Members of Agencies of the
Federal Legislature |
314 | |
|
§4. The Participation of the Agencies of the Federal
Legislature in Federal Legislation: Procedure Concerning Laws in the Material Sense |
317 | |
|
§5. The Participation of the Federal Legislative
Agencies in the Federal Executive |
320 | |
|
§6. Concluding Considerations Concerning the
Relationship between the Authoritarian Chamber and the Executive |
323 | |
|
§7. The Relationship between the Executive and
the Provincial Legislative Institutions |
330 | |
|
11. Emergency Powers Granted the Administration and
Their Control |
332 | |
| §1. Ordinary and Extraordinary Constitution 332 | ||
|
§2. The Elements of the Tenth Section Alien to the
System |
334 | |
| §3. The Substance of the Emergency Powers 336 | ||
| §4. Checks on the Emergency Regulations 338 | ||
| §5. Checks by the Bundestag 339 | ||
| §6. Review of Regulations by the Federal Court 344 | ||
|
§7. Control Through Accountability of the Federal
President and the Federal Government as Provided in Article 173 |
349 | |
|
12. The Directly Democratic and Constitutional
Mechanisms |
357 | |
| §1. The Plebiscite or Referendum | 357 | |
|
§2. The Elements of the 1934 Constitution That
Embody the Rule of Law |
359 | |
| Bibliography to Part III | 363 |
