History of the development of regional legislature
The Tyrolean "Landstände" (Estates), today’s "Landtag" (Tyrolean Parliament), were first formulated in the Tyrolean Regional Constitution which dates back to the founding of the province under Count Meinhard II (1258-1295). Written record was made in the Great Charter of Liberty of 28 January 1342. This democratic institution, which was made up of senior clergy, nobles, burghers and farmers, controlled the Prince and his government, made laws and approved taxes. It was the vehicle of political power until it was replaced by political parties in 1848.
When Count Meinhard II proclaimed a new judicial system for the county of "Botzen" in 1293, he had to obtain the approval of the Estates. This is the first record of a parliament-like institution in the Tyrol. It was not until the first half of the 15th century that a real parliamentary assembly came into being. In 1363, Tyrol was passed to the Habsburgs when Margarethe Maultasch ceded the province to Rudolf IV, the Founder. On this occasion, mention was first made of "Landschaft" (region) – a term encompassing the representatives of the entire populace (otherwise known as "Landstände" or Estates) – who approved this transfer to Austria. Rudolf the Founder wrote to the Doge of Venice, expressing his great pleasure that all the Tyroleans had agreed to the treaty.
Numerous parliamentary sessions were held in the 15th century – often several a year. And many more decisive parliaments were held in the following decades of the 16th century.
The princes of Austria banned these assemblies at the height of absolutism in the 17th century. But the Tyroleans were able to maintain the rights of their Estates thanks to their courage and determination. Full parliament was rarely convened after 1650. In its place there were "Ausschuss-Landtage" (committee parliaments). Only ten full parliaments were held between 1665 and 1720.
Empress Maria Theresia and Emperor Josef II considered the "Landstände" an obstacle to their reforms. It was not until the rule of Emperor Leopold II that the Estates were revived in the Tyrol and summoned to form a Regional Parliament ("Landtag"). However, Emperor Franz I limited the status of Parliament.
In 1808, Bavaria explicitly abolished Tyrol’s liberties of 1342 and 1406. And very few principles of the 1342 constitution were left in the new constitution granted to the Tyrol by Emperor Franz in 1816.
When the absolutist system of government collapsed in 1848 the Tyrolean Parliament reconvened in Innsbruck in June and approved a new constitution. In 1851 there was a return to neo-absolutism and the Tyrolean constitution was annulled. The "October Diploma", a constitution adopted in 1860, marked Austria’s return to a constitutional form of government. A new Tyrolean constitution was passed on 8 November 1921 which made Parliament a legislative body. After World War Two, a new constitution was agreed on 15 June 1946.
This outline shows that the right of the people to co-shape their province goes back some 600 years.
... Summary