ion; a
third, in six articles, provides for the establishment of the
Reichsgericht, or Imperial court; a fourth, in fifteen articles,
covers the subject of the judiciary; and the fifth, in twelve
articles, deals with the exercise of administrative and executive
powers.
[Footnote 655: It should be emphasized that the
phrase "Austrian Empire," properly used, denotes
Austria alone. Hungary is no part of the Empire.
Throughout the following description effort has
been made to avoid inaccuracy of expression by
referring to Austria-Hungary as the "dual
monarchy," or simply as "the monarchy." The
nomenclature of the Austro-Hungarian union is
cumbersome, but therein it merely reflects the
character of the union itself.]
*510. The Style of Government.*--Under the provisions of these
instruments Austria is constituted a limited monarchy, with a responsible
ministry, a bicameral legislative body, and a considerable (p. 461)
measure of local self-government. For the exercise, upon occasion, of
essentially autocratic power, however, the way was left open through
the famous Section 13 of the patent of 1861, become Section 14 of the
Law concerning Imperial Representation of 1867. Around no portion of
the constitution has controversy raged more fiercely during the past
generation. The article reads: "If urgent circumstances should render
necessary some measure constitutionally requiring the consent of the
Reichsrath, 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 shall
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 Reichsrath at its next succeeding session, and indeed first to
the House of Representatives, within four weeks of its convention, or
if one of the houses refuses its approval thereto."[656] The prolonged
exercise of autocratic po
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