Supreme Court of the Canton of Solothurn

The Supreme Court is in the canton of Solothurn , to the decisions of the first instance, of the highest court of appeals of cantonal district courts can be moved on to the reassessment. Its seat is the capital Solothurn and with its various chambers it ensures uniform cantonal jurisdiction.

history

The higher court emerged in the canton as the third power in the state (judiciary) with the liberal revolutionary constitution of 1831. State-philosophical motivation for this was the principle of the separation of powers postulated by the enlightened Montesquieu . The previous ancien régime did not yet have any separation of powers; the highest judicial power lay in the hands of the patrician councils, which at the same time exercised all legislative and executive functions in an absolutist manner. The separation of powers also went hand in hand with the principle of equality of rights : From 1831 different standards in cantonal jurisdiction finally belonged to the past. Previously it was customary for aristocratic patricians for z. For example, the same offense or crime was systematically and legally punished more leniently than ordinary citizens simply because of their social origin.

However, the separation of powers was not carried out consistently until 1969: With the argument of the right to exercise civil rights, full-time judges were allowed to take a seat in the cantonal parliament (legislature) up to this point in time.

source

State Chancellery: Constitution of the canton of Solothurn from 1887 , with an introduction by A. Lechner on its historical development