Ministry of Justice

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Ministry of Justice means the ministry of a state responsible for justice . In Germany , along with the Foreign Office and the ministries of finance, the interior and defense, it is one of the classic departments established since the German Empire ; Justice and interior ministers are considered constitutional ministers .

Administration of justice and separation of powers

The administration of the judiciary by a minister contradicts the basic idea of ​​the separation of powers . How this tension is dealt with varies greatly from state to state. As a minimum standard for a constitutional state , it is required that the judiciary is not bound by instructions in its substantive decisions.

In Germany, the public prosecutor's office is structured hierarchically, subordinate to the Federal or State Ministry of Justice and bound by instructions, which repeatedly leads to the accusation that investigations are prevented out of political opportunity or not even started out of hasty obedience.

In some states, prosecutors are called examining magistrates and enjoy judicial independence; this can lead to individual examining magistrates reaching great prominence through spectacular investigations ( Baltasar Garzón , Antonio Di Pietro ). Self-governing bodies can take the place of ministerial supervision (e.g. Consiglio superiore della magistratura in Italy).

National Ministries of Justice (selection)



Justice ministries of the German federal states

Historical Ministries of Justice (selection)

See also

Individual evidence

  1. This history lives on in the genitive in the designation "Federal Minister of Justice", in contrast to "Federal Minister of Transport" and the like. Ä.