Courts in the Grand Duchy and Republic of Baden
This article describes the court organization in the Grand Duchy of Baden and the Republic of Baden ; it therefore covers the period between the founding of the Grand Duchy and the end of the Second World War.
From the founding of the Grand Duchy to the separation of jurisdiction and administration
The Grand Duchy of Baden was divided into districts and offices in 1809 (see Baden's administrative structure ). The offices formed the local administrative authorities as well as the courts of first instance. In 1813 19 criminal offices were established. These were also the criminal courts of first instance for the respective neighboring offices. Until 1813 and again from 1823 there was also a patrimonial jurisdiction in the civil offices .
The court courts formed the middle instance . These initially existed at the level of the three (from 1807) provinces. The court court of Freiburg existed for the province of the Upper Rhine or the Baden Landgraviate, the court court of Rastatt for the province of the Middle Rhine and the court court of Mannheim for the province of the Lower Rhine . In 1813 the Meersburg court was added. With the formation of four districts in 1832, the four court courts were retained; their courts were adapted to that of the districts. In 1836 the Meersburg court was relocated to Constance. In the autumn of 1847 the Rastatt court was relocated to Bruchsal.
The highest instance was the “ Oberhofgericht for the Electorate of Baden ” based in Bruchsal . It had succeeded the disbanded Higher Appeal Court in Mannheim . Since 1810, the upper court had its seat in Mannheim again.
In addition to the ordinary dishes, there were special dishes. The second department of the Oberhofmarschallamt in Karlsruhe served as the court judicial authority. The university offices of the University of Freiburg and Heidelberg University acted as university jurisdiction . There were also military courts . This was the Higher Martial Court in Karlsruhe and the regiment, corps and city commanders as the entrance courts .
The separation of the judiciary from the administration in 1857
In 1857 the administration and administration of justice at the lower level were separated from each other. The district offices were purely administrative units, the jurisdiction was taken over by local courts. The Oberhofgericht Mannheim acted as the highest court . A court court was subordinate to this for each of the four districts, including local courts. The court courts were:
dish | place | circle | Remarks |
---|---|---|---|
Court of Constance | Constancy | Seekreis | Contemporary Court Court Constanz |
Court Court Freiburg | Freiburg in Breisgau | Upper Rhine District | |
Bruchsal Court Court | Bruchsal | Middle Rhine District | |
Mannheim Court Court | Mannheim | Lower Rhine District |
dish | place | Court court | Remarks |
---|---|---|---|
Blumenfeld District Court | Field of flowers | Court of Constance | |
District court Bonndorf | Bonndorf | Court of Constance | |
District Court of Constance | Constancy | Court of Constance | Contemporary Constanz District Court |
District Court of Donaueschingen | Donaueschingen | Court of Constance | |
District court Engen | Narrow | Court of Constance | |
District court Meersburg | Meersburg | Court of Constance | Dissolved in 1872 and assigned to the Überlingen District Court |
Messkirch District Court | Messkirch | Court of Constance | |
Neustadt District Court | Neustadt | Court of Constance | |
District Court of Pfullendorf | Pfullendorf | Court of Constance | |
District court Radolfzell | Radolfzell on Lake Constance | Court of Constance | Contemporary District Court Radolphzell ; According to an ordinance of January 8, 1872, the court was to be dissolved and its district assigned to the Constanz District Court; However, before it came into force, another regulation determined the continued existence of the court. |
Salem District Court | Salem | Court of Constance | |
Stockach District Court | Stockach | Court of Constance | |
District court of Stühlingen | Stuehlingen | Court of Constance | |
Überlingen District Court | Überlingen | Court of Constance | |
District court Villingen | Villingen | Court of Constance | |
District court Breisach | Breisach | Court Court Freiburg | |
District court Emmendingen | Emmendingen | Court Court Freiburg | |
District Court Ettenheim | Ettenheim | Court Court Freiburg | |
Freiburg Municipal Court | Freiburg in Breisgau | Court Court Freiburg | |
District Court Freiburg | Freiburg in Breisgau | Court Court Freiburg | |
Hornberg District Court | Hornberg | Court Court Freiburg | |
District court Jestetten | Jestetten | Court Court Freiburg | Dissolved in 1872 and assigned to the Waldshut District Court. |
District Court of Kenzingen | Kenzingen | Court Court Freiburg | |
Local court of Loerrach | Loerrach | Court Court Freiburg | |
District Court of Müllheim | Muellheim | Court Court Freiburg | |
District court Säckingen | Säckingen | Court Court Freiburg | |
District court St. Blasien | St. Blasien | Court Court Freiburg | |
District court Schönau | Schönau | Court Court Freiburg | |
District Court of Schopfheim | Schopfheim | Court Court Freiburg | |
District Court of Staufen | Staufen | Court Court Freiburg | |
Triberg District Court | Triberg | Court Court Freiburg | |
Waldkirch District Court | Waldkirch | Court Court Freiburg | |
Waldshut District Court | Waldshut | Court Court Freiburg | |
Achern District Court | Achern | Bruchsal Court Court | |
Baden District Court | to bathe | Bruchsal Court Court | |
District court Bretten | Boards | Bruchsal Court Court | |
Bruchsal District Court | Bruchsal | Bruchsal Court Court | |
District court Bühl | Buhl | Bruchsal Court Court | |
Karlsruhe Municipal Court | Karlsruhe | Bruchsal Court Court | Contemporary City District Court Carlsruhe |
District Court Karlsruhe | Karlsruhe | Bruchsal Court Court | Contemporary district court Carlsruhe |
District court Durlach | Durlach | Bruchsal Court Court | |
Eppingen District Court | Eppingen | Bruchsal Court Court | |
District court Ettlingen | Ettlingen | Bruchsal Court Court | |
Gengenbach District Court | Gengenbach | Bruchsal Court Court | Dissolved in 1872 and assigned to the Offenburg District Court |
District court Gernsbach | Gernsbach | Bruchsal Court Court | Dissolved in 1872 and assigned to the Rastatt District Court |
Haslach District Court | Haslach | Bruchsal Court Court | Dissolved in 1872 and assigned to the Wolfach District Court |
District court cork | cork | Bruchsal Court Court | |
District court Lahr | Lahr | Bruchsal Court Court | |
District court Oberkirch | Oberkirch | Bruchsal Court Court | |
Offenburg District Court | Offenburg | Bruchsal Court Court | |
District Court Pforzheim | Pforzheim | Bruchsal Court Court | |
Rastatt District Court | Rastatt | Bruchsal Court Court | |
District court Rheinbischofsheim | Rheinbischofsheim | Bruchsal Court Court | |
Wolfach District Court | Wolfach | Bruchsal Court Court | |
District court Adelsheim | Noble home | Mannheim Court Court | |
Boxberg District Court | Boxberg | Mannheim Court Court | |
Buchen District Court | Book | Mannheim Court Court | |
District court Eberbach | Eberbach | Mannheim Court Court | |
District court Gerlachsheim | Gerlachsheim | Mannheim Court Court | Disbanded in 1872 and assigned to the Tauberbischofsheim District Court |
District Court of Heidelberg | Heidelberg | Mannheim Court Court | |
Ladenburg District Court | Ladenburg | Mannheim Court Court | Dissolved in 1872 and assigned to the Mannheim District Court |
Mannheim District Court | Mannheim | Mannheim Court Court | |
District court Mosbach | Mosbach | Mannheim Court Court | |
Neckarbischofsheim District Court | Neckarbischofsheim | Mannheim Court Court | Dissolved in 1872 and assigned to the Sinsheim District Court |
Neckargemünd District Court | Neckargemünd | Mannheim Court Court | Disbanded in 1872 and assigned to the Heidelberg District Court |
Philippsburg District Court | Philippsburg | Mannheim Court Court | Dissolved in 1872 and assigned to the Bruchsal District Court |
Schwetzingen District Court | Schwetzingen | Mannheim Court Court | |
District court Sinsheim | Sinsheim | Mannheim Court Court | |
Local court Tauberbischofsheim | Tauberbischofsheim | Mannheim Court Court | |
Walldürn District Court | Walldürn | Mannheim Court Court | Dissolved in 1872 and divided between the district courts of Wertheim, Buchen and Tauberbischofsheim (rebuilt in 1879) |
District court Weinheim | Weinheim | Mannheim Court Court | |
Wertheim District Court | Wertheim | Mannheim Court Court | |
District court Wiesloch | Wiesloch | Mannheim Court Court |
In 1864 the Grand Duchy was divided into 11 districts. 11 district courts were created accordingly. Five of them had the function of a court of appeal for their own and neighboring districts and were named "District and Court Court".
dish | place | circle | Remarks |
---|---|---|---|
District and Court Court of Constance | Constancy | Constance district | As a court of appeal also for the Villingen and Waldshut districts |
District Court Villingen | Villingen | Villingen district | Disbanded in 1872 |
District court Waldshut | Waldshut | Waldshut district | |
District and Court Court Freiburg | Freiburg in Breisgau | Freiburg district | As a court of appeal also for the district of Lörrach |
District Court of Loerrach | Loerrach | District of Loerrach | Disbanded in 1872 |
District and Court Court Offenburg | Offenburg | Offenburg district | As a court of appeal also for the Baden district |
District Court of Baden | to bathe | Baden district | Disbanded in 1872 |
District and Court Court of Karlsruhe | Karlsruhe | Karlsruhe district | |
District and Court Court Mannheim | Mannheim | Mannheim district | As a court of appeal also for the Heidelberg and Mosbach districts |
District Court of Heidelberg | Heidelberg | District of Heidelberg | Disbanded in 1872 |
District court Mosbach | Mosbach | District of Mosbach |
The Courts Constitution Act
With the entry into force of the Reich Justice Act on October 1, 1879, the uniform imperial court structure was also introduced in Baden. The upper court was dissolved. The Karlsruhe Higher Regional Court took its place . Seven regional courts were introduced, while the local courts remained.
Regional courts
On May 1, 1899, the Heidelberg Regional Court was also established.
District courts
The following table shows the existence of the Baden district courts with the entry into force of the Reich Justice Acts and their assignment to the regional court districts.
dish | place | district Court | Remarks |
---|---|---|---|
District court Breisach | Breisach | District Court Freiburg | |
District court Emmendingen | Emmendingen | District Court Freiburg | |
District Court Ettenheim | Ettenheim | District Court Freiburg | |
District court Freiburg im Breisgau | Freiburg in Breisgau | District Court Freiburg | |
District Court of Kenzingen | Kenzingen | District Court Freiburg | also Rhine shipping court |
Local court of Loerrach | Loerrach | District Court Freiburg | also Rhine shipping court |
District Court of Müllheim | Muellheim | District Court Freiburg | also Rhine shipping court |
Neustadt District Court | Neustadt | District Court Freiburg | |
District court Schönau | Schönau in the Black Forest | District Court Freiburg | 1.1.1891 to LG Waldshut |
District Court of Schopfheim | Schopfheim | District Court Freiburg | 1.1.1891 to LG Waldshut |
District Court of Staufen | Staufen im Breisgau | District Court Freiburg | also Rhine shipping court |
Waldkirch District Court | Waldkirch | District Court Freiburg | |
Baden District Court | to bathe | Karlsruhe Regional Court | |
District court Bretten | Boards | Karlsruhe Regional Court | |
Bruchsal District Court | Bruchsal | Karlsruhe Regional Court | also Rhine shipping court |
District court Durlach | Durlach | Karlsruhe Regional Court | |
Eppingen District Court | Eppingen | Karlsruhe Regional Court | 1.1.1901 to the LG Heidelberg |
District court Ettlingen | Ettlingen | Karlsruhe Regional Court | also Rhine shipping court |
District court Gernsbach | Gernsbach | Karlsruhe Regional Court | |
Karlsruhe District Court | Karlsruhe | Karlsruhe Regional Court | also Rhine shipping court |
District Court Pforzheim | Pforzheim | Karlsruhe Regional Court | |
Rastatt District Court | Rastatt | Karlsruhe Regional Court | also Rhine shipping court |
District Court of Donaueschingen | Donaueschingen | District Court of Constance | |
District court Engen | Narrow | District Court of Constance | |
District Court of Constance | Constancy | District Court of Constance | |
Messkirch District Court | Messkirch | District Court of Constance | |
District Court of Pfullendorf | Pfullendorf | District Court of Constance | |
District court Radolfzell | Radolfzell | District Court of Constance | |
Stockach District Court | Stockach | District Court of Constance | |
Überlingen District Court | Überlingen | District Court of Constance | |
District court Villingen | Villingen | District Court of Constance | |
District Court of Heidelberg | Heidelberg | Mannheim District Court | 1.5.1899 to the LG Heidelberg |
Mannheim District Court | Mannheim | Mannheim District Court | also Rhine shipping court |
Schwetzingen District Court | Schwetzingen | Mannheim District Court | also Rhine shipping court |
District court Sinsheim | Sinsheim | Mannheim District Court | 1.5.1899 to the LG Heidelberg |
District court Weinheim | Weinheim | Mannheim District Court | |
District court Wiesloch | Wiesloch | Mannheim District Court | 1.5.1899 to the LG Heidelberg |
District court Adelsheim | Noble home | District court Mosbach | |
Boxberg District Court | Boxberg | District court Mosbach | |
Buchen District Court | Book | District court Mosbach | |
District court Eberbach | Eberbach | District court Mosbach | |
District court Mosbach | Mosbach | District court Mosbach | |
Local court Tauberbischofsheim | Tauberbischofsheim | District court Mosbach | |
Walldürn District Court | Walldürn | District court Mosbach | canceled on April 1st, 1924 |
Wertheim District Court | Wertheim | District court Mosbach | |
Achern District Court | Achern | Offenburg Regional Court | |
District court Bühl | Buhl | Offenburg Regional Court | also Rhine shipping court |
District court cork | cork | Offenburg Regional Court | even Rhine Court on 31.10.1881 by Kehl moved |
District court Lahr | Lahr | Offenburg Regional Court | also Rhine shipping court |
District court Oberkirch | Oberkirch | Offenburg Regional Court | |
Offenburg District Court | Offenburg | Offenburg Regional Court | also Rhine shipping court |
Triberg District Court | Triberg | Offenburg Regional Court | |
Wolfach District Court | Wolfach | Offenburg Regional Court | |
District court Bonndorf | Bonndorf | Waldshut District Court | |
District court Säckingen | Säckingen | Waldshut District Court | |
District court St. Blasien | St. Blasien | Waldshut District Court | |
Waldshut District Court | Waldshut | Waldshut District Court |
The following local courts were later established:
dish | place | district Court | built to | Remarks |
---|---|---|---|---|
Philippsburg District Court | Philippsburg | Karlsruhe Regional Court | 05/01/1884 | |
Neckarbischofsheim District Court | Neckarbischofsheim | District court Mosbach | 07/01/1884 | |
Gengenbach District Court | Gengenbach | Offenburg Regional Court | 09.09.1889 | |
Singen District Court | Singing at the Hohentwiel | District Court of Constance | 01/01/1929 |
Implementation of National Socialist laws
In accordance with the ordinance of the Reich government on the formation of special courts, a special court was formed for the district of the Karlsruhe Higher Regional Court , when its seat was determined on March 27, 1933 Mannheim. On November 1, 1940, a special court was established in Freiburg, which was responsible for the district courts of Freiburg, Constance, Offenburg and Waldshut.
In order to implement the Reichserbhofgesetz (Reichserbhofgesetz) , an inheritance courts were set up at the local courts on October 1, 1933 . A hereditary court court was established at the Karlsruhe Higher Regional Court . Exceptions were the district courts Boxberg, Phillipsburg, Ettlingen, Baden-Baden, Gernsbach, Gengenbach and Singen, for whose districts neighboring courts were responsible. As early as March 1934, a number of other judicial districts were merged. Another merger followed in April 1934.
On January 1, 1934, the district courts of Wertheim, Mosbach, Heidelberg, Wiesloch, Mannheim, Bruchsal, Karlsruhe, Pforzheim, Rastatt, Achern, Offenburg, Emmendingen, Freiburg, Lörrach, Waldshut, Konstanz, Stockach and Donaueschingen were affiliated with hereditary health courts and the Karlsruhe Higher Regional Court Hereditary Health Supreme Court .
Commercial courts
With the ordinance of November 24, 1865 concerning the establishment of commercial courts, commercial courts were set up in Karlsruhe and Mannheim.
Administrative courts
The first German administrative court, the Badische Verwaltungsgerichtshof with seat in Karlsruhe, was established by law of October 5, 1863 in the Grand Duchy of Baden .
Labor jurisdiction
In accordance with the Reich Labor Court Act of 1926, a nationwide labor court system was also established in Baden. Labor courts and state labor courts were established by the implementing ordinance to the Labor Court Act of May 12, 1927. In accordance with the Reich Law, the labor courts were independent courts, while the regional labor courts were affiliated to the regional courts. Accordingly, the following labor courts existed in Baden from July 1, 1927:
After 1928:
dish | place | built to | Parent | Remarks |
---|---|---|---|---|
Singing Labor Court | Singing at the Hohentwiel | 1.1.1929 | State Labor Court of Constance |
On January 1, 1934, the number of courts decreased: State labor courts only continued to exist in Mannheim, Karlsruhe, Freiburg and Constance; for the repealed labor courts see the table above.
literature
- Carl Pfafferoth: Yearbook of the German Court Constitution, 1888, p. 437 ff. Online
- Dieter Bock: The Importance of Justice for Rural Areas - Origin and Development of the District Court Mosbach (PDF; 497 kB). In: Werner Münchbach (Hrsg.): Festschrift 200 years Badisches Oberhofgericht - Oberlandesgericht Karlsruhe . Müller, Heidelberg 2003, pp. 465-474.
Individual evidence
- ^ Government Gazette of the Grand Duchy of Baden from September 1, 1807, pp. 343–344, online
- ↑ Grossherzoglich-Baden Government Gazette 1836, No. 11, p. 72
- ^ Johann Friedrich Kratzsch: Tabular overview of the judicial organism of all German federal states, 1836, pp. 5-8, online
- ^ Ordinance, effective September 1, 1857, Großherzoglich Badisches Regierungs-Blatt 1857, p. 318
- ↑ a b c d e f g h i j k l m n o p Law and Ordinance Gazette for the Grand Duchy of Baden from January 8, 1872, p. 8, online
- ↑ Ordinance of April 10, 1872, Law and Ordinance Gazette for the Grand Duchy of Baden p. 197, online .
- ↑ Hof- und Staats-Handbuch des Großherzogthums Baden 1858, pp. 164–206
- ↑ Enforcement Ordinance on the Constitution of Courts, Großherzoglich Badisches Regierungsblatt: 1864, July 25, 1864, p. 293 ff., Online
- ↑ a b c d Law of March 17, 1898, Law and Ordinance Gazette for the Grand Duchy of Baden (GVBl) p. 231, online ; Ordinance of 14 January 1899, GVBl p. 3, online
- ↑ a b Law of June 26, 1890, Law and Ordinance Gazette for the Grand Duchy of Baden p. 485, online ; Ordinance of August 31, 1890, Law and Ordinance Gazette for the Grand Duchy of Baden p. 521, online
- ^ Ordinance of September 21, 1900, Law and Ordinance Gazette for the Grand Duchy of Baden p. 975, online
- ^ Ordinance of February 25, 1924, Badisches Gesetz- und Verordnungsblatt p. 29, online
- ↑ Announcement of October 7, 1881, Law and Ordinance Gazette for the Grand Duchy of Baden p. 257, online
- ^ A b Ordinance of April 19, 1884, Law and Ordinance Gazette for the Grand Duchy of Baden p. 117, online
- ^ Ordinance of July 10, 1889, Law and Ordinance Gazette for the Grand Duchy of Baden p. 111, online
- ^ Ordinance of November 21, 1928, Badisches Gesetz- und Verordnungsblatt p. 299, online
- ^ Ordinance of March 21, 1933, Reichsgesetzblatt I p. 136
- ^ Decree of March 27, 1933, Badisches Justizministerialblatt p. 47, online
- ^ Establishment of a special court in Freiburg (Breisgau). AV of the Reich Minister of Justice of October 15, 1940, Deutsche Justiz p. 1167.
- ^ Ordinance of October 21, 1933, Badisches Gesetz- und Verordnungsblatt p. 228
- ^ Ordinance of March 22, 1934, Badisches Gesetz- und Verordnungsblatt p. 122, online
- ^ Ordinance of April 27, 1934, Badisches Gesetz- und Verordnungsblatt p. 175, online
- ^ Ordinance of December 22, 1933, Badisches Gesetz- und Verordnungsblatt p. 300, online
- ↑ Werner Frotscher / Bodo Pieroth : Verfassungsgeschichte , 5th edition, Munich 2005, Rn 422.
- ↑ Law on internal administration (Reg.-Bl. p. 399 )
- ^ Badisches Gesetz- und Verordnungsblatt 1927 p. 101
- ^ Linsenmaier, Wolfgang: Die Arbeitsgerichtsbarkeit , accessed on October 25, 2017
- ↑ a b c d e f g h Third ordinance amending the implementing ordinance to the Labor Court Act of October 23, 1933, Badisches Gesetz- und Verordnungsblatt p. 224
- ↑ a b Ordinance of November 21, 1928, Badisches Gesetz- und Verordnungsblatt p. 300, online