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Justiz und Justizverfassung- Judiciary and Judicial System

Siebter Rechtshistorikertag im Ostseeraum, 3.-5. Mai 2012 Schleswig-Holstein- 7th Conference in Legal History in the Baltic Sea Area, 3rd-5th May 2012 Schleswig-Holstein


Edited By Frank L. Schäfer and Werner Schubert

Die Beiträge des Tagungsbandes präsentieren die Geschichte des Prozessrechts, der Justiz und ihrer Institutionen des Ostseeraums. In der Horizontalen widmen sich die Referate den einzelnen Anrainerstaaten der Ostsee, in der Vertikalen reichen sie von der Höchstgerichtsbarkeit im Ostseeraum bis zur Dorfjustiz des russischen Bauerntums. Ebenso vielfältig sind die Anknüpfungspunkte in der Gerichtsorganisation: Sie reichen von den Obergerichten über die Spruchfakultäten und Laiengerichte bis zur Kirchengerichtsbarkeit.
The contributions to these proceedings present the history of procedure law, of the judiciary and its institutions in the Baltic Sea Area. Neighbouring states of the Baltic Sea are widely analyzed, the topics ranging from supreme courts to secular and ecclesiastical courts, to lay courts and Russian rural courts, just as they include judicial reforms and legal educational activities of the judiciary.


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The Danish Supreme Court 1661-2011: Ditlev Tamm


The Danish Supreme Court 1661–2011 Ditlev Tamm1 The Danish Supreme Court is an old, but still functioning, national institution, and is possibly the oldest continuous highest court of law in Europe, perhaps even the world. Naturally there are other law courts whose history can indirectly be traced much further back in time to an institution dealing with the King and his judgments. The Danish Supreme Court has a pre-history of this kind as well, but if one measures the foundation of an institution from the point at which it received its new name and foundational charters, then the Danish Supreme Court is in a class of its own in terms of age. As an institution, the Supreme Court is tied to a shift in power and a constitu- tional change, namely the introduction of absolutism. Because of this change the Supreme Court has attained a special position in relation to other corresponding highest courts of law in Europe. A wide range of these were also introduced in con- nection with constitutional changes, but normally these were constitutions which introduced democratic or constitutional governance and clearly defined the status of the Court as a third power of state. The age of the Danish Supreme Court indicates that the court did not have the same status by means of a Constitution. Rather its place within the national legal system was defined under changing constitutions. The history of the Court is the history of numerous legal decisions which solidified what constituted valid...

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