Courts in the Principality of Waldeck and Pyrmont
This article describes the history and structure of the courts in the Principality of Waldeck and Pyrmont .
history
In the Principality of Waldeck and Pyrmont, the eight offices in the Waldeck region and the Pyrmont Oberamt in the Pyrmont region formed the courts of first instance. In addition there were the city courts, the baron Dalwigksche Amt Lichtenfels and the judicial officer of the paraged Counts of Waldeck-Bergheim .
The court of second instance and criminal court was the princely government, which had had its seat in Arolsen since 1728. Since the 17th century, the Korbach court had been the highest instance. On February 14, 1751, the princes had acquired the extended Jus de non appellando . Up to a value in dispute of 2000 guilders , this was decided in the last instance without an appeal to the emperor ( Reichshofgericht ) or the Reichskammergericht being possible.
With the end of the Holy Roman Empire , files were sent to the University of Göttingen or the University of Marburg instead of the appeal at the Imperial Court of Justice . According to Article 12 of the German Federal Act , a joint higher appeal court was formed in Wolfenbüttel with Braunschweig and Lippe in 1817 .
With the organizational edict of January 28, 1814, the official structure was reorganized. Now there were three senior offices (that of Diemel (Arolsen), that of Eisenberg (Korbach) and that of Eder (Wildungen)). Within each of these higher offices, two judicial officers and a secretary formed the higher office judicial court as the first instance. The patrimonial courts and the city courts were repealed. De facto, this would have separated the administration and the judiciary .
The resistance of the estates was directed against this edict and ultimately prevailed. The state treaty of April 19, 1816 was passed as a compromise. Now there were five senior offices that were set up. The judicial officers were also given the tasks of police administration, so that the separation between administration and justice was broken again. The patrimonial courts also continued to exist.
The new Ober-Justizamt der Werbe in Sachsenhausen served as a criminal court for the entire principality. In severe cases, however, it was only entrusted with preliminary examinations; the government then retained the judicial function. With the law of March 21, 1835, the court became a criminal court instead of the government. A separate judicial senate of the government was superordinate to this.
With the March Revolution , the separation of administration and justice as part of the March demands was discussed again. The reformed state constitution of May 23, 1849 regulated this separation in Title VII “from the judiciary”. On June 11, 1849, the judicial senate at the government was abolished and its tasks were transferred to the court court, which now consisted of two senates. By ordinance of December 7, 1849, the court court was renamed the higher court .
On the lower level, the judiciary and administration were separated with the Courts Constitution Act of June 5, 1850. A district court was created for each of the four newly created districts (three for Waldeck and one for Pyrmont). This judicial organization was also retained in the era of reaction . On October 1, 1858, the higher court moved its seat from Korbach to Arolsen.
With an accession agreement of July 18, 1867, the prince transferred the administration of his country to Prussia . With the highest order of October 6, 1868 by the Prussian king, the four district courts were converted into local courts and the higher court into a Prussian district court . This was subordinate to the Kassel Court of Appeal .
With the Courts Constitution Act of February 27, 1877, the regulations of the German Courts Constitution Act were implemented in Waldeck and Pyrmont. The three Waldeck district courts remained and were subordinated to the Kassel regional court . The district court Pyrmont came to the district of the regional court Hanover . The district court was overturned.
List of dishes
Upper courts
- Government of the Principality of Waldeck and Pyrmont
- Court Court Korbach -> Upper Court Korbach -> Upper Court Arolsen -> District Court Arolsen
Entrance courts until 1816
- Office Arolsen , Office Eilhausen , Office Eisenberg , Office Landau , Office Lichtenfels , Office Rhoden , Office Waldeck , Office Wetterburg , Office Wildungen and Oberamt Pyrmont
Entrance courts until 1850
Entrance courts from 1850
| district Court | Seat | Dissolved | Receiving court |
|---|---|---|---|
| Arolsen District Court | Arolsen | 1868 | Arolsen District Court |
| District Court Korbach | Korbach | 1868 | Korbach District Court |
| District Court Nieder-Wildungen | Wildings | 1868 | Wildungen District Court |
| District Court of Pyrmont | Pyrmont | 1868 | Pyrmont District Court |
literature
- Eckhart G. Franz , Hanns Hubert Hofmann, Meinrad Schaab: Court organization in Baden-Württemberg, Bavaria and Hesse in the 19th and 20th centuries . 1st edition. Academy for spatial research and regional planning, Hannover 1989, ISBN 3-88838-224-6 , p. 174-176, 206-207 .