The topic of this thesis is a comprehensive juristic historic comparison of the Constitution of the Swiss Confederation of 1848 with the draft Constitution of Kremsier of 1848/49. In the first part of this thesis the most important political, economic and social developments and events in Switzerland up to 1848 are explained. When the War of Federation (Sonderbundskrieg) was ended the path was free for creating a new Constitution, so that it could come into force on 12 September 1848. As far as content is concerned, the Swiss Constitution represents a combination of various magnificent elements, most prominent among them the establishment of a „democracy founded on the rule of law“ and the federal structure, following the American example.In Austria, the years preceding 1848 were marked by pragmatic sanction, the Vienna Congress, and the policy of restauration. The outbreak of the revolution in March 1848 brought about numerous radical changes as well as the first Austrian Constitution. Because of new protests against this first imposed constitution a „ constitutional Reichstag“ was set up, which was entrusted with creating a new constitution. This work, which was never to be in force, was devoted to the sovereignty of the people and the separation of executive, legislative and judical powers. Like the Swiss Constitution, this draft anchors in the system of two chambers, the difference being that in Austria the Emperor also had legislative power.