Fundamental Rights and Democracy: Rights, Rule of Law and Participation
Austria's fundamental rights are scattered across constitutional law, the Basic Law on the General Rights of Citizens (Staatsgrundgesetz 1867), the European Convention on Human Rights (ECHR), which has constitutional rank in Austria, and the EU Charter of Fundamental Rights. The constitution enshrines equality before the law (Article 7 B-VG), freedom of expression, assembly, association, religion and conscience, the right to a fair trial, and the protection of property. The Constitutional Court enforces these rights and can annul unconstitutional laws.
Democracy in Austria is representative, with proportional representation, a 4% threshold for the Nationalrat (as of recent reforms), and a preference-vote system allowing voters to alter list order. The rule of law means administration is bound by law, courts are independent, and the Administrative Court reviews administrative decisions. Fundamental rights can be restricted only by law and only proportionally - the proportionality test (legitimate aim, suitability, necessity, balancing) is central.
Traps: assuming the ECHR is merely international law in Austria (it has constitutional status); confusing the Constitutional Court with the Administrative Court; and overstating direct democracy. Another trap is treating the 4% threshold as a constitutional right rather than ordinary legislation.
Rule of thumb: ask three questions of any rights restriction - is there a legal basis, is the aim legitimate, and is the measure proportionate?
Worked example: "A law bans a peaceful demonstration for public order reasons." Freedom of assembly is constitutionally protected; a blanket ban fails the necessity test, so a narrowly tailored measure would be required.