Guest Editorial: The Centenary of the Constitution of Liechtenstein

Anna Gamper

University of Innsbruck

Amongst the older constitutions of the world that are still in force, one constitution has received little international attention to date, even though it celebrates its hundredth birthday today. This is the Constitution of the tiny Principality of Liechtenstein, which was ratified on 5 October 1921 and published in the Liechtenstein Law Gazette on 24 October 1921. From a formal perspective, the Constitution is considerably older, since it dates back to the Konstitutionelle Verfassung of 1862. Even though the Constitution of 1921 substantively reformed the Constitution of 1862, it formally continued the latter since it was enacted in accordance with its constitutional amendment rule. Nevertheless, the revision of 1921 brought about major constitutional changes, including the new title that is also in force today: “Constitution of the Principality of Liechtenstein of 5 October 1921” (Verfassung des Fürstentums Liechtenstein vom 5. Oktober 1921). It has since been amended around 40 times, including a significant reform in 2003 which, after being critically monitored by the Council of Europe’s Venice Commission, strengthened the constitutional powers of the Prince, in whom, together with the people, “state power is rooted” (Art. 2 of the Constitution). According to that provision, state power has to be exercised in accordance with the Constitution which, apart from the monarchy, also establishes democracy, fundamental rights, the rule of law and separation of powers as its fundamental pillars. 

The Constitution of Liechtenstein is a continental European, written constitution consisting of 115 articles and headed by a promulgation clause that lacks the substantive characteristics of a preamble. In the absence of an explicit incorporation requirement, the Constitution has remained the central constitutional document whose structure resembles that of most constitutions. It starts with some general provisions, followed by provisions on the Prince, programmatic guidelines, fundamental rights, provisions on state organisation and constitutional amendment, and concluding provisions. 

It neither explicitly entrenches an unamendability clause, nor has the Constitutional Court ever adopted the “basic structure doctrine”, as some other constitutional courts have across the globe. Constitutional amendments of all kinds, whether to single provisions or to fundamental principles, may be made according to the procedure prescribed in Art. 112, which, inter alia, requires either unanimous consent or two consecutive decisions taken by a three-quarters majority in the Parliament (consisting of just 25 members). While the Prince could veto a constitutional amendment bill under this provision, a special constitutional amendment provision, entrenched in 2003, offers an alternative procedure that applies only if the people request the abolition of the monarchy by a citizens’ initiative followed by a referendum. In this case, the Parliament must set out within two years a new republican constitution that is submitted to another referendum. If the Prince chooses to produce an alternative draft, this draft will also be submitted to the referendum. The people thus have the choice between the old constitution, the republican draft, and if produced, the Prince’s draft. If three drafts are submitted, there will be a second referendum in which the people may choose between those two options that received most votes in the first referendum. Even though this procedure has never been applied yet, it is remarkable both for its unique complexity and its ultimately democratic design. 

Apart from the powerful constitutional position of the Prince, which stands out from other European monarchies except the Principality of Monaco, the Constitution of Liechtenstein possesses many other interesting features. These can be mainly attributed to Liechtenstein being a microstate and its strong commitment to direct democracy. It was only in 1984, however, that women’s suffrage was introduced in Liechtenstein by a constitutional amendment based on a referendum in which only male citizens could vote, after they had refused women’s suffrage in several previous referendums. One other striking peculiarity is the right of municipalities to request secession from Liechtenstein, which, however, ultimately depends on an Act of Parliament or a State Treaty and has never yet happened in practice. 

An important role regarding the application and interpretation of the Constitution is played by the Constitutional Court (Staatsgerichtshof). It interprets fundamental rights in accordance with the European Convention on Human Rights (which substantively, though not formally, is considered to have quasi-constitutional rank in Liechtenstein) and the European Court of Human Rights’ dynamic understanding of Convention rights as a “living instrument”. More generally, the Constitutional Court follows a pluralist interpretive methodology and regularly cites European case law, since Liechtenstein has not only ratified the ECHR but is also a member of the European Economic Area. The Constitutional Court frequently cites foreign precedents, in particular decisions by the Swiss Federal Court and the constitutional courts of Austria and Germany. This is facilitated by having as constitutional justices Austrian and Swiss lawyers who represent two jurisdictions which have had a significant influence on the Constitution of Liechtenstein. Nevertheless, the Constitution of 1921 is not just a merger of two neighbouring constitutions, but possesses autochthonous roots and has, moreover, developed its own way to transform Swiss or Austrian constitutional transplants into its specific habitat. 

The constitutional jubilee celebrated today offers a welcome opportunity to make this remarkable constitution known to a wider audience. The IACL-AIDC has kindly agreed to host a mini-symposium on the centenary, inaugurated by a video address from the President of the Constitutional Court of Liechtenstein, Dr. Hilmar Hoch, LL.M. (Harvard). In December 2021, several blog posts will explore the Constitution of Liechtenstein in more detail. First, Prof. Elisa Bertolini (Bocconi University of Milan, Italy) will examine the Constitution of Liechtenstein from the perspective of a microstate. Next, Prof. Peter Bußjäger (University of Innsbruck, Austria/Judge at the Constitutional Court of Liechtenstein) will analyse the programmatic guidelines and state goals entrenched in the Constitution. The constitutional position of the Prince will be reflected on by Prof. Luc Heuschling (University of Luxembourg, Luxembourg). While the Constitution must balance tensions between monarchy and democracy, the principle of democracy it espouses is not only representative in character, but possesses a remarkable share of direct democracy: Dr. Wilfried Marxer (Liechtenstein-Institut, Liechtenstein) will examine the various instruments of direct democracy which, from a comparative perspective, are unusually strong, but closely related to Swiss direct democracy. Finally, Dr. Georges Baur (Liechtenstein-Institut, Liechtenstein) will deal with Liechtenstein’s membership of the European Economic Area which, in the absence of EU membership, allows Liechtenstein access to the European Single Market. 

Even though other microstates headed by monarchs are found both in Europe and other parts of the world, the uniqueness of the Constitution of Liechtenstein lies in its very interesting combination of various elements, such as the strength both of its monarchy and direct democracy. Its staunch and solid language, which sometimes has a historical flavour, is enlivened by the Constitutional Court’s adjudication that confirms its orientation towards a liberal democracy. No great changes are expected in the near future, which is more than many contemporary constitutions can claim.

I sincerely thank all the contributors for their participation and the editors of IACL-AIDC for hosting us. My thanks also go to Anna-Carina Danzer for her editorial assistance. 

Anna Gamper is a Professor of Public Law at the University of Innsbruck, Austria.

Suggested Citation: Anna Gamper, ‘Guest Editorial: The Centenary of the Constitution of Liechtenstein’ IACL-AIDC Blog (5 October 2021) https://blog-iacl-aidc.org/centenary-constitution-liechtenstein/2021/10/5/guest-editorial-the-centenary-of-the-constitution-of-liechtenstein.