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.
318
III. CONSTITUTION AND ADMINISTRATION.
where fresh evidence may also be adduced. The cases are brought
forward, in some instances, by constituent members of the tribunal, in others
by special officials attached to it.
The highest judicial tribunal has been from olden times the King. His
functions as such are now exercised by the High Court of Justice
(Högsta Domstolen), with a membership of 24 professional lawyers, entitled
Chief Justices (Justitieråd). Three chief justices together with one member
of the Supreme Administrative Court (Regeringsrätten, "Crown Court", see
below), form The King’s Laiv Council; to that body have been allotted the
functions formerly discharged by the High Court of Justice in respect to
the revision of proposed laws. As a rule, of the remaining chief justices
seven 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 and
final decision of the members of the High Court not doing duty in the
Law Council, 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, like the hovrätter, from which any case may be carried
on to the High Court, though a public prosecutor is not, as a rule, entitled
to appeal against a decision given in any of the bovrätter. The cases
are prepared by an ad hoc constituted board: The Revising Judicial Office
(Nedre Justitierevisionen), the members of which have the title of
Revising Commissioners (revisionssekreterare); the cases are also brought
forward before the High Court by those officials.
It is not obligatory to employ counsel, and no official system of pleading
in the courts has been organized (cf. Part II, Synopsis of Trade and
Industrial Legislation, Private Organizations). In consequence it is
necessary for the presiding judge in the inferior courts to be very vigorous,
impartial and 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 as to the sentences 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 borough courts
have the sole right of decision. On the other hand there are no ad hoc
trade-dispute courts. Of special tribunals now existing may be mentioned the Court
of Impeachment, dealing with breaches of law committed in the discharge of their
official functions by the King’s constitutional advisers, by Chief Justices or by
Administrative Chief Justices (see below); the Audit Court (Kammarrätten),
dealing with cases arising out of the maladministration of public funds; Ecclesiastical
Courts, for trying clergymen accused of offences committed 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
<< prev. page << föreg. sida << >> nästa sida >> next page >>
