Ole Andreas Bachke

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Ole Andreas Bachke

Ole Andreas Bachke (born May 6, 1830 in Røros , † January 3, 1890 in Kristiania ) was a Norwegian lawyer and politician.

Life

His parents were the Bergskriver and Skoginspektør Halvor Bachke (1800-1852) and Anne Sophie Ditlevsen (1804-1878). He married Augusta Marie Fridoline Kräuter on October 9, 1856 in Heidelberg (December 26, 1839– November 22, 1923), daughter of the lawyer Frantz Anton Kräuter and Marie Josephine Giegel.

In 1852 he passed the state examination in law. During his studies he joined the student discussion club Det lærde Holland and made friends with many intellectuals there, including Henrik Ibsen . From 1854 to 1856 he stayed abroad for further studies. Then he became a lawyer at the High Court. In 1860 he became the clerk in judicial matters at the Stiftsobergericht in Christiania and from 1864 a judge at this court. During this time he joined Scandinavianism and in 1864 was a co-founder of the "Scandinavian Society". In 1878 he became presiding judge at a lower court, from 1879 to 1884 he was Minister of Justice in the government of Frederik Stang and from 1884 a judge at the Supreme Court.

Bachke belonged to the new generation of lawyers who strove for a scientific penetration of legal matter. He was a supporter of Anton Martin Schweigaard's legal opinion . It was also based on other European legal systems in which he was well versed. He published a number of important criminal law articles in the 1860s. From 1861 to 1870 he was co-editor of the Ugeblad for Lovkyndighed (legal weekly paper). His criminal law policy was strongly influenced by liberal ideas, as was most clearly represented by the German lawyer Carl Joseph Anton Mittermaier . He opposed the consistently high penalties in the penal code and was skeptical of the death penalty. In the 1880s, he and others made significant contributions to the Code of Criminal Procedure of 1887 and dealt extensively with the position of the police in the criminal justice system. He also treated the introduction of the waiver as a legal institution. He was also a pioneer in the field of copyright law, one of the most important legal creations of the 19th century. Three copyright laws emerged from his work in 1876 and 1877: copyright on texts, copyright on works of fine art and copyright on photographs.

In the 1870s he gradually became conservative and supported the Høyre in the political conflicts of the 1870s and 1880s . From 1877 to 1878 he was on the commission for a Scandinavian bill of exchange law. In 1879 he entered the government of Frederik Stang, but only reluctantly accepted his course of confrontation with Storting. In 1880 he wrote the government's opinion on the third rejection of the constitutional amendment in the State Council matter and was therefore removed from office with other members of the government in 1884 by a judgment of the Imperial Court.

Immediately after his impeachment, the new Sverdrup government appointed him a Supreme Court judge. Little is known about its jurisprudence. But there are two votes on the question of ownership of the seabed and two separate votes on the relationship between the Stortingsgesetz and Section 97 of the constitution (prohibition of retroactive effects). In doing so, he followed Aschehoug's teaching that the Supreme Court had a right to review laws, thereby strengthening the active role of the highest court in reviewing laws for their constitutionality.

Honors

Bachke was from 1867 a member of the "Videnskabsselskab i Christiania" (Scientific Society in Christiania, today "Videnskaps-Akademi") and in 1879 was awarded an honorary doctorate from the University of Copenhagen . In 1876 he became a knight of the St Olav Order and in 1881 commander of the Swedish North Star Order .

Works

  • Om det burly Ægteskab . (About Civil Marriage) 1861
  • Om Forbrydelsers Sammenstød (About the Combination of Several Crimes). 1862
  • Om Mishandling af Dyr . (On cruelty to animals) 1864
  • Scandinavisms. De nordiske Rigers Værn i Nutid og Fremtid. (Scandinavianism. On the Defense of the Nordic Empires Today and Tomorrow) 1864.
  • Om Dødsstraffens Ophævelse . (On the abolition of the death penalty) 1869
  • Om den saakaldte litterære and kunstneriske Eiendomsret . (About the so-called literary and artistic property right) 1875, published in Ugeblad for Lovkyndighed (Legal weekly paper) in several episodes 1872–1875.
  • Foreløbig Udkast til Lov om Rescue Gang Maaden i Straffesager , together with B. Getz. (Preliminary draft for a code of criminal procedure) 1885

Remarks

The article is essentially based on the Norsk biografisk leksikon . Other information is specially marked.

  1. ↑ The "Bergskriver" was the accountant of a mine. He was responsible for the overall billing of a mine and the payment of wages.
  2. ↑ The "Skoginspektør" supervised the careful use of the forest in its area of ​​responsibility and the production of charcoal for the smelting works.
  3. ↑ "Stift" was the name for a diocese. The judicial districts were adapted to the diocese borders.
  4. ^ A b KV Hammer: Bakche, Ole Andreas . In: Christian Blangstrup (Ed.): Salmonsens Konversationsleksikon . 2nd Edition. tape 2 : Arbejderhaver – benzene . JH Schultz Forlag, Copenhagen 1915, p. 479 (Danish, runeberg.org ).
  5. ↑ It was about the introduction of the presence of the State Councilors at the negotiations of the Storting.
  6. ^ The Reichsgericht was a special court for charges against members of the government and the Storting for criminal offenses in office.

literature

personal data
SURNAME Bachke, Ole Andreas
BRIEF DESCRIPTION Norwegian lawyer and politician
DATE OF BIRTH May 6, 1830
PLACE OF BIRTH Røros
DATE OF DEATH January 3, 1890
Place of death Oslo