Liechtenstein 1719-2021
16 May 2023
Liechtenstein is the last German-speaking Principality. Until Napoleon and the dissolution of the Holy Roman Empire of the German Nation in 1806, there were still about 300 (very) small to very large German-speaking principalities.
Before the 19th century, Liechtenstein had no constitution in the proper sense of the word. However, customary law and individual documents, such as the Service Instruction (Dienstinstruktion) of 1719, regulated the functioning of government and the rights of the citizens. This was also due to the close connection to the imperial law of the Holy Roman Empire of the German Nation.
Brief History of Liechtenstein
In the 15th century, two Landschaften arose on the territory of present-day Liechtenstein, in Vaduz and Schellenberg, a development similar to the Landsgemeinde in Switzerland (see Swiss Spectator under Constitution, democracy and cantons).
The highest body was the Landschaftsversammlung, a type of Landsgemeinde that also existed in Switzerland. This Landschaft appointed the officials for justice and the government. The Landschaft was also responsible for military affairs.
Until the end of the 17th century, Liechtenstein consisted of the county of Vaduz and the seigneury of Schellenberg, the two territories of the Landschaften.
After the establishment of the Principality of Liechtenstein in the years 1699-1712, the first ruler, Prince Anton Florian of Liechtenstein (1656-1721), issued a Service Instruction on 10 April 1719, which set out the first steps in the functioning of the state and the rights of the citizens. The Landschaften and their rights remained intact.
However, in 1808, after the end of the Holy Roman Empire of the German Nation in 1806, a new Service Instruction was issued, which abolished the Landschaften and limited the role and rights of the citizens.
The Reactionary Constitution of 1818
When Liechtenstein joined the German Confederation (Deutscher Bund) in 1815, following the defeat of Napoleon and as a result of the Congress of Vienna (1814-1815), the Principality introduced a new constitution.
Prince Johann I of Liechtenstein (1760-1836) signed the Constitution on 9 November 1818. The text consisted of only 17 paragraphs. There were no political rights for citizens or parliamentary representation. The Prince was the sole holder of state power.
This Constitution did not reflect the old rights of the Landschaften. It was a reactionary constitution that reflected the monarch’s omnipotence.
The failed Revolution of 1848-1849
The German Revolution of 1848/1849 also impacted the Principality of Liechtenstein. In the Principality, there was unrest and (a kind of) revolution, and the subjects demanded a modern constitution and more rights. However, with the failure of the German Revolution and the subsequent reaction, the initiative for a new Constitution failed.
Constitution 1862
However, the new Prince Johann II of Liechtenstein (1840-1929) surrendered his absolutist power in 1862. This Constitution corresponded to the constitutional norm of the time in the German Confederation. The core of the Constitution was still the state power of the Prince, but was now supplemented by a parliamentary Landtag. This Constitution also introduced fundamental rights for the citizens.
Constitution 1921
With the formation of political parties in Liechtenstein, calls emerged for reform of the monarchical state system. Following the collapse of the monarchy in Germany and Austria in 1918, the concept of absolutist rule was no longer tenable.
On 5 October 1921, the modern Constitution was signed by Prince Karl of Liechtenstein (1878-1955). The Constitution defines the Principality of Liechtenstein as a hereditary constitutional monarchy based on a democratic and parliamentary system. Among other things, it introduced the referendum and the popular initiative, following Switzerland’s example.
Liechtenstein also sought close economic and monetary ties with Switzerland.
Although the Prince remained head of state and responsible for the country’s representation and foreign policy with some other (veto) rights, appointing government members and legislation was only possible with parliamentary approval. This Constitution is the foundation of Liechtenstein’s rule of law and parliamentary democracy, marking its centenary this year.
However, it is not the end of the discussion. In particular, the Prince’s right of veto, his power to dissolve parliament and to govern by decree in urgent cases (Notrecht), and his competence and active role in foreign policy are under discussion.
The current head of state, Hans-Adam II of Liechtenstein (born 1945), and the citizens have been engaged in a permanent dialogue and conflict over these powers since he became head of state in 1989.
(Source and further information: 100 Jahre Verfassung, Landesmuseum Liechtenstein, www.landesmuseum.li).