ABSTRACT
Vienna has a unique constitutional status among the federal provinces: According to the Federal Constitution, it is a city or commune, as well as a federal province. Consequently, it has two constitutions: a city statute and a provincial constitution. The Austrian constitution lays out a system that is shaped like a pyramid. Supreme power is supposed to be vested in the top positions. The governors and the mayors of the cities and villages have a dual position as the representatives of the central government and top executives of the local communities. According to the rulings of the Constitutional Court, the provincial pouvoir constituant is bound by "a minimum of homogeneity" in relation to federal constitutional standards. The federal standard for all Austrian communes is set by Article 117, section 5, of the Constitution, which lays down the principle of proportional executive representation for all parties in the "communal parliament", or the Communal Council.
