The Kremsier Draft Constitution of 1848-1849 is examined and compared with the 1920 Austrian Federal Constitution. The famous Austrian jurist, Hans Kelsen, once pointed out with astonishment that: “The Kremsier Draft Constitution is unexpectedly similar to the 1920 Federal Constitution.” The Kremsier Draft Constitution was amended in detail only in 1925 and 1929 and forms the basis of the current Federal Constitution. There are various reasons, especially objections from the Austrian Emperor, why the Kremsier Draft Constitution was not put into effect, but it addressed serious issues such as popular sovereignty, federalism, ethnic concerns and basic human rights. Therefore the Kremsier Constitution even now occupies a preeminent positio...