Cabinet Justice
Cabinet Justice as part of the Cabinet system or decree refers to the absolutism usual prerogatives intervention of ruler in decisions of courts and the flow of processes "from his room ( fr. Cabinet ) from".
Cabinet justice was an expression of the unlimited power of the state in the absolute monarchy and arose from the right to pardon in criminal matters, which had been with the sovereign since the Middle Ages, as well as the right to bring pending civil proceedings to the court court ( evocation right ).
Cabinet justice was overcome with the French Revolution , initiated in Prussia by the Stein-Hardenberg reforms .
According to Art. 101 GG today there is a claim to the legal judge . According to the principle of the separation of powers , jurisdiction is entrusted solely to the judges ( Art. 92 GG), who are independent and only subject to the law ( Art. 97 (1) GG). Article 6 of the European Convention on Human Rights also guarantees the right to a fair trial in the member states of the Council of Europe . This also includes the publicity of the proceedings , first laid down in Section 178 of the German Paulskirche constitution and one of the main demands of constitutional liberalism , represented by Carl Theodor Welcker , for example .
literature
- Jürgen Regge : Cabinet Justice in Brandenburg-Prussia. A study of the history of the sovereign right of confirmation in the administration of criminal justice in the 17th and 18th centuries. Berlin: Duncker & Humblot, 1977. ISBN 3-428-03753-7
- Matthias Miersch: The so-called refere legislatif. A study of the relationship between legislature, law and judicial office since the 18th century. Fundamenta juridica 36. Nomos, Baden-Baden 2000. Review by Ulrike Seif
Web links
- Werner Ogris: Kabinettsjustiz hand dictionary on German legal history, Vol. II, accessed on June 30, 2016
- Kabinettsjustiz Rechtslexikon.net, accessed June 30, 2016
- Hans-Jürgen Papier : Judicial independence and its limitations Lecture on the occasion of the 40th birthday of the Association of Administrative Judges Baden-Württemberg
- Peter Collin : The Birth of the Public Prosecutor's Office in Prussia Forum historiae iuris , March 12, 2001
Individual evidence
- ↑ Holger Erwin: Machtspruch hand dictionary on German legal history, vol. II, accessed on July 1, 2016
- ^ Carl Creifelds: Legal dictionary . 21st edition 2014. ISBN 978-3-406-63871-8
- ↑ Ulrich Eisenhardt: Appellations- und Evokationsrecht Historisches Lexikon Bayerns , accessed on July 1, 2016
- ^ Constitution of the German Empire of March 28, 1849 ( Memento of August 27, 2017 in the Internet Archive )
- ↑ Wilhelm Schulz, Karl Welcker: Secret Inquisition, Censorship and Cabinet Justice in the Perishable League . 1845
