Constitution as Archive: Drafting the Empire, 1848–1860s (2024)

The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty

Natasha Wheatley

Published:

2023

Online ISBN:

9780691244082

Print ISBN:

9780691244075

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The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty

Natasha Wheatley

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Natasha Wheatley

Natasha Wheatley

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Pages

28–55

  • Published:

    June 2023

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Wheatley, Natasha, 'Constitution as Archive: Drafting the Empire, 1848–1860s', The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty (Princeton, NJ, 2023; online edn, Princeton Scholarship Online, 23 May 2024), https://doi.org/10.1515/9780691244082-006, accessed 30 May 2024.

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Abstract

This chapter opens at the dawn of the constitutional era in the Habsburg lands. It shows how the elected delegates of the empire's first parliament became the first modern theorists of its sovereignty. They debated the legal status of the empire's historical lands and weighed it against new visions of the empire restructured into a federation of nations. The chapter thus follows the juridical argument about the lands through the constitutions of the early 1860s. While the imperial government attempted to definitively quash the empire's legal pluralism with its neoabsolutist turn in the early 1850s, the return to constitutionalism in 1860 established the empire's historical order of kingdoms and lands, with its temporal-legal pluralism, as the foundation of the imperial constitution.

Keywords: Habsburg constitution, Habsburg parliament, federation of nations, imperial government, legal pluralism, imperial constitution

Subject

European History

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