jurisdiction

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Jurisdiction denotes on the one hand (in modern times usually the entirety of the state) courts that serve jurisdiction or other administration of justice , and on the other hand the implementation of the legal system through the above.

For the structure of the jurisdiction today see main article legal process .

Legal history

Historically, the high and low jurisdiction of the secular powers had to be distinguished. Independent of this, the ecclesiastical jurisdiction still existed, which judged according to canon law .

The lower courts, which were mostly under the control of the landlords , judged lighter offenses in the first instance and were also responsible for inheritance law, border disputes and the registration and monitoring of sales. Torture was prohibited , severe corporal punishment and the death penalty were prohibited. Only higher courts were entitled to do so, which ruled in other cases in the second instance. In many cases , the nobility enjoyed the privilege of only having to appear before the higher courts. The higher courts in some countries were at least partially privately owned, and in some territories the sovereign or estates corporations also had high jurisdiction. Counts also took part in this task in their counties. However, since they were on a stand with bishops, monastery abbots and the clergy and these were not allowed to be involved in the blood court due to church regulations, they chose a bailiff to represent them.

In the European Middle Ages and in the early modern period , jurisdiction was a right of certain persons or corporations , which they could also sell or give as a fief . So the court of the Zeidler . Only in the course of the emergence of the modern separation of powers does the state have jurisdiction in its hands and can let its officials exercise it.

The power of justice follows from the sovereignty of the state and finds its limit in international law . According to this, a state can in principle only exercise jurisdiction within its national territory and against its own citizens . This principle is broken by international treaties that regulate jurisdiction in cases with international contact and also entail some restrictions on domestic jurisdiction. In this sense, §§ 18-20 GVG stipulate that members of diplomatic missions or state guests are not subject to German jurisdiction.

Types of jurisdiction

Supranational jurisdiction

In addition to national jurisdiction, there is also the jurisdiction of supranational courts. The prerequisite for this is always that the states involved transfer their jurisdiction to the supranational organization that bears the court and to that extent give up their sovereignty .

Examples of supranational courts are the European Court of Justice in the European Union and the International Court of Justice established by the United Nations .

Arbitration

The parties to a legal dispute can, insofar as they are allowed to dispose of the subject of the dispute (e.g. not in criminal law ), appeal to an arbitration tribunal . If both parties submit to this arbitral tribunal, the arbitral tribunal can make a decision that is binding on them. The later enforcement of the decision remains the responsibility of the state ( see also: the state's monopoly of force ).

The jurisdiction of an arbitration tribunal is often agreed between merchants for large or cross-border deals.

Judiciary in other countries

See also

Web links

Wiktionary: Jurisdiction  - explanations of meanings, word origins, synonyms, translations