Court constitution of the Grand Duchy of Hesse

from Wikipedia, the free encyclopedia

The court system of the Grand Duchy of Hesse was the court system of the Grand Duchy of Hesse (1806-1918).

Historical framework

The separation of the jurisdiction from the administration in the Landgraviate of Hessen-Darmstadt and then in the Grand Duchy of Hesse dragged on for a period of almost 70 years and developed from top to bottom.

On May 11, 1747, Emperor Franz I awarded the Landgraviate of Hessen-Darmstadt the “privilegium de non appellando illimitatum” . This meant that subjects could no longer turn to the emperor in legal matters. The condition for this was that the landgrave set up his own supreme judicial authority. To this end, he founded the Darmstadt Higher Appeal Court in 1747 as a court independent of the administration.

In the next step, with the organizational edict of October 12, 1803, court courts were created as independent courts at the level of the middle instance in Darmstadt and Gießen , thus separating jurisdiction and administration.

The development came to an end when the offices were dissolved in 1821 , and regional courts were set up for the administrative district administration tasks they had previously performed and for the tasks of first-instance jurisdiction that they had previously performed . In the smallest province of the Grand Duchy - Rheinhessen - this separation existed from the beginning, as it, as a former French territory, brought with it and kept the progressive French legal institutions and legal provisions.

Ordinary jurisdiction

Before 1879

Third instance

until 1832

At the head of the judiciary of the Grand Duchy was the Higher Appeal Court Darmstadt for the provinces of Starkenburg and Upper Hesse and the Court of Cassation for the province of Rheinhessen until 1832 .

This double structure arose because French law, including French procedural law , continued to apply in the province of Rheinhessen . The Court of Appeal established on July 27, 1815 in Kreuznach was dissolved with the Provisional Appellations and Cassation Court Regulations for the Grand-Ducal Hessian part of the state on the left bank of the Rhine on November 4, 1816 and a provisional Higher Court was created in Mainz. On June 18, 1818, this provisional court of cassation was moved to Darmstadt.

from 1832

By ordinance of June 23, 1832, this court was dissolved and its tasks were transferred to the Darmstadt Higher Appeal Court, which has since been called the Higher Appeal and Cassation Court .

Middle level

The next level was formed by a higher court for each of the three provinces. For civil law, these were the Darmstadt court for the province of Starkenburg, the Gießen court for the province of Upper Hesse and the Arnsberg court for the province of Westphalia. After the transition of the province of Westphalia and the acquisition of the province of Rheinhessen in 1816, the Mainz Higher Court was responsible for the province of Rheinhessen. In Rheinhessen there was - due to the requirements of the French law applicable there - an additional commercial court in Mainz . For the area of ​​criminal law there was a district criminal court in Darmstadt and a district criminal court in Gießen on the right bank of the Rhine , in Rheinhessen the district and from 1852 district courts Mainz and Alzey .

First instance

The first instance in civil matters in the two provinces on the right bank of the Rhine were until 1821 the offices that simultaneously performed functions of administration and jurisdiction. This was changed in 1821 when regional courts independent from the administration were established as courts of first instance in civil matters. Criminal trials took place in the district criminal courts.

It should be noted that in the first four decades of the Grand Duchy's existence there was still a considerable amount of patrimonial jurisdiction . This included relatively large, closed areas in the hands of the princes and counts of Solms , Isenburg and Erbach (noble family) and the counts and barons of Schlitz and Riedesel . Solms and Isenburg even had courts of second instance, a law firm Hungen and a law firm Büdingen . But there were also small and tiny patrimonial courts, which then only comprised one village. Wherever patrimonial courts existed, they supplanted state jurisdiction.

The state naturally pushed for the monopoly of jurisdiction. In many cases of smaller patrimonial courts, he succeeded in eliminating them through contractual channels with the owners of the patrimonial jurisdiction. It was much more difficult with the large units. Here the state first insisted that the organizational forms be aligned with those of the state structure. It was not until the March Revolution in 1848 that this “privately” operated jurisprudence swept away.

In Rheinhessen everything was a little different again, because of French law. Here, the judiciary and administration were separate from the start and the first instance lay with the courts of justice .

After 1879

Upper instances

After 1879, after the Courts Constitution Act came into force, the judiciary in the Grand Duchy was headed by the Darmstadt Regional Court . The Reichsgericht was now superordinate to this .

Middle level

Civil and criminal courts

The two court courts in Darmstadt and Gießen and the higher court in Mainz have now been replaced by the Darmstadt Regional Court , the Giessen Regional Court and the Mainz Regional Court .

Commercial courts

At the same time, chambers for commercial matters were set up at the regional courts at

  • Darmstadt Regional Court in
    • Offenbach (for the district court districts Offenbach , Langen and Seligenstadt ) and
    • Darmstadt (for the rest of the Starkenburg province);
  • District Court Gießen for the entire province of Upper Hesse;
  • District Court Mainz in

First instance

The previous regional courts have been replaced by local courts . In the province of Rheinhessen they were formed on the basis of the district division of the peace courts. The district courts fell away. The Mainz Regional Court, replacing the Higher Court in Mainz, was now the next higher instance.

The local courts remained.

Rhine Shipping Court

There was also the Rhine Shipping Court (sic) in Mainz

Public prosecutor

The senior public prosecutor's office at the Darmstadt Higher Regional Court and a public prosecutor's office at each of the three regional courts were also set up in 1879 .

Administrative jurisdiction

Until 1874

From the tradition of the Landgraviate of Hessen-Darmstadt, the traditional principle prevailed that the general courts could decide on any interference that affected private rights, which also applied to state interference. The only exceptions were “real rights of majesty and sovereignty”. This extensive legal protection was prohibited in 1814. The only exceptions were disputes relating to cases in which the state participated in economic life. In Rheinhessen, where French law applied, the control of state administrative acts was regulated in a similarly restrictive manner. The constitution of 1820 also established this state of affairs. The procedure was unsatisfactory.

When the administrative reform of 1832 dissolved the provincial government, which had previously decided on complaints from subjects, an administrative court of justice was set up in Darmstadt in the first instance to replace these proceedings . Both this administrative reform and the establishment of the administrative court of justice initially only affected the two provinces on the right bank of the Rhine, Starkenburg and Upper Hesse. Rheinhessen with its French traditions was left out. In construction of Administrativjustizhof was a mix of supervisory authority of the 1832 newly decorated circles and an Administrative Court , as it was also one of his tasks, process form over complaints from subjects against administrative acts to decide the county governments. In 1835 the procedure was extended to Rheinhessen. When appeals against decisions of the Administrative Justice Court's distinction, whether it is administrative judicial matters or to administrative matters concerned. In the former case the State Council was responsible , in the latter the Ministry of the Interior and Justice .

After 1874

In 1875 the system was fundamentally modernized. The Darmstadt Administrative Court was set up as the highest instance of administrative jurisdiction as an appeal and third instance , a court that is independent of the administration. Initially, the Administrative Court only had limited substantive jurisdiction . In 1911 its responsibilities were combined and expanded, e.g. B. in the area of ​​police matters.

The district and provincial committees established in the municipal reform of 1874 formed the first and second instance, but were not independent courts, but part of the administration. The district committees consisted of the district council and six members elected by the district council . Appeals to the provincial committee were possible against decisions of the district committee . This consisted of the provincial director and other members elected by the provincial assembly. Hessen followed the Prussian model.

See also

literature

Remarks

  1. ↑ The two organizational edicts were published in print at the time, but then apparently never again, so that today they are only available in archives (Franz / Fleck / Kallenberg: Großherzogtum Hessen , p. 696).

Individual evidence

  1. ^ Polley: Law and Constitution , p. 352.
  2. ^ Franz / Fleck / Kallenberg: Grand Duchy of Hessen , p. 696; Polley: Law and Constitution , p. 353, on the other hand - without any source evidence - and probably incorrectly states that the court courts were not established until 1821.
  3. ^ Ordinance on the division of the country into districts and district courts of July 14, 1821 . In: Grand Ducal Hessian Government Gazette No. 33 of July 20, 1821, p. 403.
  4. ↑ § 1 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (197).
  5. ^ Ordinance, dissolution of the previous provisional court of cassation and revision for the province of Rheinhessen and the transfer of the attributions to the Higher Appilation Court on June 26, 1832 . In: Grand Duke of Hesse and the Rhine (ed.): Grand Ducal Hessian Government Gazette. 1832 no. 51 ½, p. 338 a ( online at the information system of the Hessian state parliament [PDF; 3.0 MB ]).
  6. ↑ § 1 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (197).
  7. ^ Ordinance on the division of the country into districts and district courts of July 14, 1821 . In: Grand Ducal Hessian Government Gazette No. 33 of July 20, 1821, p. 403ff.
  8. ^ Hessisches Landesamt für Geschichtliche Landeskunde (Hg.): Historical Atlas of Hesse , plate 24.
  9. ↑ § 2 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (198).
  10. ↑ § 2 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (198).
  11. ↑ § 5 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of May 14, 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (198f).
  12. ↑ § 3 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (198).
  13. ↑ Eckhart G. Franz : Introduction . In: Georg Ruppel and Karin Müller: Historical place directory for the area of ​​the former Grand Duchy and People's State of Hesse with evidence of district and court affiliation from 1820 to the changes in the course of the municipal territorial reform = Darmstädter Archivschriften 2. Historical Association for Hesse. Darmstadt 1976, p. 19.
  14. ↑ § 15 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of May 14, 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (202).
  15. ↑ § 4 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of May 14, 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (198).
  16. ↑ § 8 Ordinance on the Implementation of the German Courts Constitution Act and the Introductory Act to the Courts Constitution Act of 14 May 1879 . In: Grand Ducal Hessian Government Gazette No. 15 of May 30, 1879, pp. 197–203 (200).
  17. ^ Polley: Law and Constitution , p. 366.
  18. ↑ § 1 Ordinance of May 12, 1814 . In: Collection of the ordinances and higher decrees published in the Großherzoglich Hessische Zeitung of 1814 . Invaliden-Anstalt, Darmstadt 1815, pp. 25-27 (25).
  19. ↑ Art. 102 constitutional document for the Grand Duchy of Hesse December 17, 1820 . In: Horst Dreier : Constitutional documents from the Magna Carta to the 20th century : "The Fiscus stands before the courts in all private law relationships."
  20. ↑ Art. 34 Edict, the organization of the government authorities subordinate to the Ministry of the Interior and Justice, relating to June 6, 1832. In: Großherzoglich Hessisches Regierungsblatt No. 55 of July 4, 1832, pp. 365–376 (374).
  21. ↑ Art. 35 no. 1b) Edict, the organization of the government authorities subordinate to the Ministry of the Interior and Justice, relating to June 6, 1832. In: Großherzoglich Hessisches Regierungsblatt No. 55 of July 4, 1832, pp. 365-376 (375).
  22. ^ Polley: Law and Constitution , p. 370.
  23. ↑ Law concerning the Supreme Administrative Court of January 11, 1875. In: Großherzoglich Hessisches Regierungsblatt No. 3 of January 21, 1875, pp. 45–50.
  24. ^ Administrative Law Maintenance Act of July 8, 1911. In: Großherzoglich Hessisches Regierungsblatt , pp. 84ff.
  25. ↑ Law on internal administration and representation of the districts and provinces of June 12, 1874. In: Großherzoglich Hessisches Regierungsblatt No. 29 of June 16, 1874, pp. 251–295.
  26. ↑ § 56ff law on internal administration and representation of the districts and provinces of June 12, 1874. In: Großherzoglich Hessisches Regierungsblatt No. 29 of June 16, 1874, pp. 251–295 (272ff).
  27. ↑ § 98 Law on internal administration and representation of the districts and provinces of June 12, 1874. In: Großherzoglich Hessisches Regierungsblatt No. 29 of June 16, 1874, pp. 251–295 (285f).
  28. ↑ § 95 law on internal administration and representation of the districts and provinces of June 12, 1874. In: Großherzoglich Hessisches Regierungsblatt No. 29 of June 16, 1874, pp. 251–295 (284f).