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THE ADMINISTRATION OF JUSTICE.
231
The highest judicial tribunal in olden times was the King. His
functions as snch are now exercised by the High Court of Justice
(Högsta Domstolen), with a membership of 18 professional lawyers,
entitled Chief justices (Justitieråd). As a rule, seven members at most are
engaged in the hearing of any one case. In order to ensure uniformity
in the administration of justice, it is enacted, however, that when the
decision of the majority as delivered in any division is found to be at
variance with some legal principle previously established by the High
Court, the case shall be referred to the further consideration of the
members of the High Court met in full conclave. Any case tried in
the Courts of appeal may be carried forward to the High Court if it
be desired to challenge the judgment passed. The High Court is
a court of appeal in the fullest sense. The cases are prepared and
brought before the High Court by a special Office: Revising Judicial
Office (Nedre Justitierevisionen), the members of which have the title
of Revising Commissioners (revisionssekreterare).
Differences in many important respects exist in the treatment of civil and
criminal oases. As regards both, however, the procedure in the lower courts,
is one of »oral transaction and protocol», that is to say, the record of
proceedings taken at the oral examination of witnesses etc. forms the basis of the
decision arrived at. In the superior courts, on the other hand, proceedings are
almost wholly conducted by means of written documents, although, in many
cases, the parties can be heard orally. It is not obligatory to employ counsel,
and no system of pleading in the courts has been organized. In consequence,
it is necessary for the presiding judge in the inferior courts to be very alert in
his conduct of the proceedings. The sessions of the lower courts are open to
the public: records of the proceedings at all the courts (including the records of
voting), and also all the documents and briefs drawn up in connection with the
cases are accessible to any and every one for examination or publication if he
so desires.
There are certain suits, more especially those relating to the liberty of the
press, to bills of exchange, and to maritime affairs, in which the Town-court
has the sole right of decision. For mercantile suits there are no special courts.
Of special tribunals still existing may be mentioned the Court of Impeachment
(see page 178); and the Audit Court (Kammarrätten), for dealing with cases
arising out of the maladministration of public funds. There exist, furthermore,
certain Ecclesiastical Courts, for trying clergymen accused of offences in the
discharge of their office, Military Tribunals, and Landed Property Courts, for
settling certain questions regarding the adjustment of estates etc.; the constituent
members of the last named courts are the District-judge together with assistants
chosen by the community from among persons of competent knowledge on the
questions at issue; the members of these courts are empowered with individual
and equal voting rights. Any one sentenced in any of these special courts —
the Court of Impeachment of course excepted — has the right of appeal to the
general courts, or at all events to the High Court of Justice.
The military tribunals of the first instance —the Military courts (Krigsrätter)—
are constituted by four military men and one professional lawyer. The tribunal
of the second instance is a special Military Court of appeal (Krigshofrätten),
constituted in a similar manner. Appeal may be lodged from that tribunal to
the High Court, where two military men also have seats when military cases
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