Full resolution (JPEG) - On this page / på denna sida - III. Constitution and Administration. Introd. by E. Hildebrand - 4. Legal and Judicial Organization - Courts of Justice. By Hj. Hammarskjöld
<< prev. page << föreg. sida << >> nästa sida >> next page >>
Below is the raw OCR text
from the above scanned image.
Do you see an error? Proofread the page now!
Här nedan syns maskintolkade texten från faksimilbilden ovan.
Ser du något fel? Korrekturläs sidan nu!
This page has never been proofread. / Denna sida har aldrig korrekturlästs.
316
III. CONSTITUTION AND ADMINISTRATION.
separate laws; it is also connected with the position of the towns as regai
administrative authorities. However, certain small towns are subject to t
rural courts of law.
The country as distinct from the towns is divided into 121 judicial d
tricts (Domsaga), each presided over by a District Judge (Härac
hövding). A domsaga may consist of two or more subdivisions, so th
the actual number of judicial divisions (Tingslag) is 216 (in 1914). Ea
tingslag has its District Court (Häradsrätt), that being the ordinary low
court of justice. Such a court is constituted by a duly qualified le£
official in the person of the district-judge (see above), who presides, a
by a board of assessors consisting of twelve unsalaried men (Nämndemäi
chosen by public election, who assist in the proceedings.
The nämndemän, of whom at least 7 must be in attendance, are called up
to assist the district-judge in deciding upon questions both of law and of fa
When a difference of opinion arises, the vote of the judge is decisive, unl
all the nämndemän present are unanimous on the other side. The above sta
ment, however, may be misleading in so far as the reader will scarcely be lik
to deduce from it an adequate idea of the real extent of the influence accrui
to the nämndemän, an influence that is largely due to their accurate knowlec
concerning persons and affairs in their locality. This is especially marked wh
— as is very often the case — the nämndemän have gained experience in 1
routine business of the court by virtue of many years of service. It may, the
fore, be unhesitatingly averred that the lay element in the district-courts mal
itself very effectively felt, being not only a valuable addition to the deliberat
strength of the court itself, but a safeguard in the eyes of the general put
for the justice and humanity of the decisions there arrived at. The legal «
ment in these district-courts is also possessed of a greater degree of authc
tative strength than might be imagined by any one who was casually inforn
of their composition. The position of district-judge is a highly esteemed oi
as it, moreover, carries with it a relatively speaking large salary, such
position attracts well experienced, and not infrequently highly distinguish
lawyers. It is the custom, furthermore, for a new-fledged lawyer, fresh fr
his studies at the university, to spend two or more years in the employ o:
district-judge, that he may thereby acquire practical experience of juridical i
cedure; during this period of his apprenticeship, which has come to be lool
upon almost as an obligatory part of his training, he will discharge, in his o
person and on his own responsibility, the duties of his chief for a period of
least some months, covering a number of sittings of the court. One decide’
weak point in regard to the district-courts, however, is that the ordinary sessio
varying as to times of holding from district to district, are even in the m
favourable cases too few and far between, though extra sessions are, it is tr
appointed to be held for dealing for instance with cases of personal arrest. 1
inevitable delay in the administration of justice that the infrequency of
sessions entails is further enhanced by the difficulty that exists, owing t<
variety of circumstances of both a judicial and a practical character, in effect
that concentration in the conduct of legal proceedings that would be so grea
boon to all parties concerned. When disputes are referred, as often happens,
arbitration for decision, it is undoubtedly principally owing to the desire fell
avoid delay and procrastination; the question of cost cannot play any decis
part in the matter, as legal proceedings in Sweden, as a rule, do not invol
comparatively speaking, a large outlay of money.
<< prev. page << föreg. sida << >> nästa sida >> next page >>
