The Efficiency Principle of the Austrian Constitution

The current political discourse is dominated by the crisis. Efficiency quests are therefore a common topic, not only on the political, but also on the legal stage, when norms on cost effectiveness, thrift, expedience, economizations, brakes on debt and similar institutions are enacted. At the same time, the concept of democracy as a value of modern statehood is upheld. Also in constitutional theory, the role of democracy is becoming more important: It seems to be a new point of reference for constitutional theory (alongside established categories). Efficiency is usually not perceived as a legal (but as an economic) term and is therefore not seen as a constitutional principle. The constitutional dimension of democracy, however, is undoubted. Whereas democracy with its properties such as elections, procedures in general, bargaining, etc is costly money- and timewise (and is, as I will argue, if realized to the extreme, inefficient), efficiency calls to attain an envisaged goal faster or less costly (and is, if realized to the extreme, endangering democracy). My hypothesis is therefore, that the relationship between democracy and efficiency which is sometimes characterized by tensions and sometimes by harmony is complex. In the framework of the present project, the general hypothesis will be tested in the context of the Austrian Constitution, applying legal methodology. The research questions entail a careful examination of the theoretical and philosophical roots of efficiency, the question if (and on what grounds) an Austrian efficiency principle exists and on the implications of such an efficiency principle for the Austrian legal system especially in regard to the democracy principle. Finally, transparency and the question if it could perform a mediating role between democracy (and in particular citizen participation) and efficiency will be addressed. This research project will basically consist of a legal analysis and thus use legal methodology (rechtsdogmatische Analyse). As efficiency cannot be explained only from a legal perspective, however, the consideration of findings and approaches from neighbouring fields (such as comparative [constitutional] perspectives, administrative sciences or law and economics) is a necessity. This allows for a multi-dimensional view of efficiency. Moreover, the research project will not only inquire into the meaning of the term efficiency from a theoretical-philosophical point of view, but will examine efficiency in a normative context. This will not only entail Austrian (Constitutional) Law, but also the international and the European Union context. This research project can close a gap, as the efficiency principle of the Austrian Constitution in general, and the question of the relationship between efficiency and democracy in particular have been underresearched.