State Court for the State of Württemberg-Hohenzollern

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The State Court of Justice for the State of Württemberg-Hohenzollern was a court of constitutional jurisdiction with its seat in Tübingen , which was established in 1949. After a provisional state court had been set up in the newly founded state of Baden-Württemberg , its jurisdiction was limited to the decision of the pending proceedings, and with the establishment of the state court for the state of Baden-Württemberg by law of December 13, 1954, it was dissolved.

history

The first drafts of a constitution for the state of Württemberg-Hohenzollern provided for the establishment of a state court. In the negotiations of the Advisory State Assembly of the State of Württemberg-Hohenzollern on a state constitution, the State Court was not very controversial and therefore hardly took up any space. In the first reading of the constitution, only Carlo Schmid commented on the issue and designated organs such as “an administrative court or state court […], [which] also manage the government for compliance with the law at any time upon a call from an individual Control those affected “, as necessary for a constitutional state.

The originally envisaged regulation, according to which only three of the non-judicial members of the State Court should be elected by the state parliament, failed due to the rejection of the French military government, so that it was finally determined that all these members were to be elected by the state parliament. In addition, an amendment by Carlo Schmid was accepted, according to which members of the State Court of Justice could not also belong to the state parliament. A motion by the KPD to provide only three instead of four judicial members did not find a majority. The remaining provisions were finally adopted unanimously by the National Consultative Assembly.

The State Court Act of January 11, 1949 formally established the Court of Justice. When this law was discussed in the state parliament, it was disputed whether the court should be empowered to dismiss a minister from office. The version ultimately adopted gave him this authority.

Before the procedural and internal rules of procedure of the State Court of Justice were enacted, there was a dispute as to whether it always had to decide in full, or whether it should and should be stipulated that only some of the members normally decide a case. Finally the first position prevailed; Section 1 of the procedural and procedural rules approved by the Landtag on June 26, 1950 (Government Gazette for the State of Württemberg-Hohenzollern p. 273) provided: "The State Court decides in full."

Judge

According to Art. 64 of the constitution for Württemberg-Hohenzollern, the chairman of the state court was the respective president of the higher regional court. The first chairman was therefore Emil Niethammer . After his resignation on May 31, 1950, the Higher Regional Court Councilor Karl Walter, who was provisional Higher Regional Court President from June to December 1950, ran the business until January 1, 1951, Oskar Schmid became President of the Higher Regional Court and thus also Chairman of the State Court. The higher regional judge Walter belonged to the court for the remainder of its existence as a judicial member; Karl Walter had a very tragic family fate: his wife and five of his six children were killed in an air raid on Heilbronn in December 1944 (see Edith Raim: Justice between dictatorship and democracy, p. 447). Other judicial members were the Higher Regional Court Councilors Dopfel (until March 1950) and Pfizer (from April 1950) and the Administrative Court Councilor Schariry.

On July 8, 1949, the state parliament elected five non-judicial members of the court, including Kurt Georg Kiesinger , Oskar Sailer and Walter Erbe .

literature

  • Klaus Schüle: The State Court and the Administrative Court of Württemberg-Hohenzollern. Law Series, Vol. 144. Pfaffenweiler 1993, pp. 25–75.

Individual evidence

  1. ↑ Official designation cf. Section 1 of the Law on the State Court of 11 January 1949, Government Gazette for the State of Württemberg-Hohenzollern p. 85
  2. ↑ Information on the State Court of Württemberg-Hohenzollern in the inventory overview of the State Archives Sigmaringen.
  3. ↑ Schüle pp. 25-26.
  4. ↑ Schüle pp. 28-29.
  5. ↑ Schüle pp. 29–31.
  6. ↑ Schüle, pp. 67-70.
  7. ↑ Schüle, p. 70. Schüle mentions “Prof. Dr. FABER, Tübingen "and" Prof Dr. MELCHERS, Tübingen ”, but does not mention their first names.