March Constitution (Austria)

The March Constitution, Imposed March Constitution or Stadion Constitution (German: Oktroyierte Märzverfassung or Oktroyierte Stadionverfassung) was a "irrevocable" constitution of the Austrian Empire promulgated by Minister of the Interior Count Stadion between 4 March and 7 March 1849 until it was revoked by the New Year's Eve Patent (Silvesterpatent) of Emperor Franz Joseph I on 31 December 1851.^[1]^[2] The Stadion Constitution was very centralist in nature, and it provided very strong power for the monarch, it also marked the way of the neo-absolutism in the Habsburg ruled territories.^[3] It had preempted the Kremsier Constitution of the Kremsier Parliament. This state of affairs would last until the October Diploma of 20 October 1860 and the later February Patent of 26 February 1861.

Hungary[]

Franz Joseph (that time he was the freshly appointed Emperor of Austria) refused to accept the reforms of the Hungarian April laws. He also arbitrarily "revoked" the April Laws. This was an unconstitutional deed, because the laws were already signed by his uncle King Ferdinand, and the monarch had no right to revoke parliamentary laws which were already signed. The March Constitution reclaimed^{[citation needed]} Habsburg power after the concessions it had made during the Revolutions of 1848. The constitution was accepted by the Imperial Diet of Austria, where Hungary had no representation, and which traditionally had no legislative power in the territory of Kingdom of Hungary; despite this, it also tried to abolish the Diet of Hungary (which existed as the supreme legislative power in Hungary since the late 12th century.)^[4] The new Austrian constitution also went against the historical constitution of Hungary, and even tried to nullify it.^[5] The revoke of the Hungarian April Laws and reduction of Hungary's territory and traditional status, prompting a renewal of the Hungarian Revolution.^[6] On 7 March 1849 an imperial proclamation was issued in the name of the emperor Francis Joseph establishing a united constitution for the whole empire, according to the new proclamation, the territorial integrity of Kingdom of Hungary would be terminated and carved up, and it would be administered by five military districts, while Principality of Transylvania would be reestablished.^[7]

Hungary was divided into five military districts, Transylvania was also separated. The order was executed in 1850

These events represented a clear and obvious existential threat for the Hungarian state, and contributed to the renewal of the Hungarian revolution.

Legitimacy problems of Franz Joseph in Hungary[]

From a legal point of view, according to the coronation oath, a crowned Hungarian King cannot relinquish from the Hungarian throne during his life, if the king is alive and unable to do his duty as ruler, a governor (or regent with proper English terminology) had to deputize the royal duties. Constitutionally, his uncle, Ferdinand remained still the legal king of Hungary. If there is no possibility to inherit the throne automatically due to the death of the predecessor king (as king Ferdinand was still alive), but the monarch wants to relinquish his throne and appoint an other king before his death, technically only one legal solution has remained: the parliament had the power to dethrone the king and elect his successor as the new king of Hungary. Due to the legal and military tensions, the Hungarian parliament did not make that favor for Franz Joseph. This event gave to the revolt an excuse of legality. Actually, from this time until the collapse of the revolution, Lajos Kossuth (as elected regent-president) became the de facto and de jure ruler of Hungary.