A Constitution of Values? The Constitution of the Principality of Liechtenstein and its State Goals

Peter Bußjäger

University of Innsbruck

A. Introduction

The Constitution of the Principality of Liechtenstein (Landesverfassung = LV) of 1921 is primarily a further development of the Constitution of 1862, specifically in the context of parliamentary powers and fundamental rights. Its concept of constitutional review was inspired by the “Austrian model” or “Kelsenian model” of a specialized constitutional court, elaborated first by the Austrian Federal Constitutional Act (B-VG) of 1920.

However, there was also some orientation towards Swiss constitutional law, for example, regarding the role of direct democracy and the catalogue of state goals in the Third Chapter of the Constitution (Art. 14 to 27). These provisions were transplanted from the Constitution of the Canton of St. Gallen of 1890. 

The catalogue of state goals stands in a remarkable difference to the Austrian Federal Constitution. While legal doctrine in Austria at that time understood the B-VG as a constitution of “rules of the game”, the Constitution of the Principality of Liechtenstein seems to be a “constitution of values”.

In the so-called “Schlossabmachungen” (named after the negotiations which took place near the castle of Vaduz in September 1920) it was agreed between the representatives of the Prince and the new political movement “People’s Party” that the new constitution should establish state goals. In the following post, the role of state goals in Liechtenstein and its impacts on the constitutional practice will be analyzed.

B. State Goals in the Constitution

1. Overview

Chapter III (“Responsibilities of the State”) of the Constitution comprises 14 Articles, which are inspired by the spirit of the new political movements after 1918. Art. 15 to 17 deal with educational matters. Liechtenstein being at that time an economically very poor, small and weak state, the Constitution dedicates three Articles to this task. For example, education shall be universal and compulsory (Art. 16 par. 2 LV). Remarkably, the Constitution recognizes education as an instrument to improve the poor economic conditions within the State. The State also seeks supervision over matters of education (Art. 16), ‘without prejudice to the inviolability of church doctrine’. Strengthening of people’s welfare is provided by Art. 14. The creation of jobs and improvement of economic interests is, apart from education, another important aim of Art. 19 and 20 LV, while social aid and public health are addressed by Art. 18, 25 and 26 LV. Finally, the improvement of the financial situation of the State and equitable taxation (Art. 22 to 24 LV) is also provided. Clearly, therefore, Art. 14 to 27 LV defined the important tasks the State had at that time.

2. Relevance of State Goals in Political Practice, Jurisprudence and Public Perception

In the context of an empirical analysis, one question that is particularly relevant to understand how the provisions on state goals work in practice, is whether the ‘constitution of values’ is capable of exerting influence on the political process and on the awareness of citizens. The government's reports and motions to Parliament repeatedly refer to state goals. For example, Art. 14 of the Constitution is mentioned with respect to the welfare of the people, inasmuch as a popular initiative for the enactment of a climate protection law was concerned (BuA 79/2004). When approving the UN Convention on the Rights of the Child, reference was made to Art. 15, 16 and 17 of the LV (BuA Nr. 66/1995), and the new regulation of the relationship between the state and religious societies, pointed to Art. 15 of the LV (BuA Nr. 154/2012). 

 When approving the UN Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, the Government referred to Art. 15 to 17 of the Constitution (BuA Nr. 61/1998). When the initiative on a reduction of health insurance contributions was examined, Art. 26 of the LV was mentioned (BuA Nr. 69/2019). The parliament itself referred to Art. 24 LV in an initiative concerning tax exemption of income below the subsistence level, as well as concerning the amendment of the Tax Act (BuA Nr. 60/1996). The frequent reference to state goals by governmental documents should not obscure the fact that the public perception of these provisions is rather low. They are virtually absent from parliamentary records and media coverage and there is minimal legal discussion of these provisions.

In the jurisprudence of the State Court, state goals are occasionally mentioned and are also addressed by the parties in their pleadings. The Constitutional Court also distinguishes between classical fundamental rights and state goals, which typically include an obligation on the legislature (StGH 1995/94, recital 2.2). The case law, however, is not entirely consistent, and even attributes the character of a fundamental right to selected single provisions of the catalogue of state objectives (Art. 16 para. 8 LV - freedom to establish private schools - and Art. 24 para. 1 LV - subsistence minimum). However, this does not change the fact that the catalogue of state objectives renders the Constitution a classic example of a “constitution of values”. 

In the jurisprudence of the Administrative Court, the tasks and objectives of the state are mentioned (for example VGH 2007/018, rec. 15). This sometimes arises as an aid to interpretation (VGH 2011/60, rec. 8), and less frequently in the jurisprudence of the ordinary courts, which is not surprising in view of the fact that the catalogue of tasks of the state in the Constitution concerns mainly the sphere of public law. While the courts have thus taken state goals into account only moderately, it is also striking that the catalogue of state goals - in contrast to other provisions of the Constitution - have been amended only once over the last 100 years: in 1972, Art. 16 paras. 6 and 7 of the Constitution were repealed and Art. 17 of the Constitution was given its current wording. All provisions concerned education, and their revision was related to that of the ordinary School Act in 1971. 

C. Perspectives

Governmental tasks may change over 100 years. A wording such as that of Art. 18 LV, according to which the state shall ‘strive for the improvement of drunkards and work-shy persons’ refers to important tasks of the state in the fields of public health and social welfare. However, it is questionable whether the wording of this provision is adequate to the Constitution of a modern state. After 100 years, the “constitution of values” proves to be quite incomplete when it comes to state goals. While the catalogue should not be eliminated, the question is whether it should be supplemented to address today’s challenges, such as climate change and ecological problems (such as species extinction and the contamination of the basis of life). As the creation of prosperity, education and social security were important topics at the beginning of the 20th century, a modern constitution should also consider new challenges.

The very fact that the constitutional tasks of the state have remained unchanged suggests also that the “constitution of values” has not come to life as intended and that it may not play the central role in political life that it was intended to play. Probably, both the lawmaker and government would heed these tasks even without explicit constitutional entrenchment, since these are important tasks concerning many policy fields in every state. Nevertheless, a set of values that is not adapted within a period of 100 years cannot avoid being outdated at least in some respects.

Peter Bußjäger is Professor of Constitutional and Administrative Law, Institute of Public Law, State and Administrative Theory, University of Innsbruck

Suggested Citation: Peter Bußjäger, ‘A Constitution of Values? The Constitution of the Principality of Liechtenstein and its State Goals, IACL-AIDC Blog (7 December 2021) https://blog-iacl-aidc.org/centenary-constitution-liechtenstein/2021/12/7/a-constitution-of-values-the-constitution-of-the-principality-of-liechtenstein-and-its-state-goals.