tions legislatives et la situation
politique, in _Annales des Sciences Politiques_,
March 15, 1901; K. Kramer, La situation politique
en Autriche, ibid., October 15, 1901; G. L. Jaray,
L'Autriche nouvelle: sentiments nationaux et
preoccupations sociales, ibid., May 15 and Sept.
15, 1908, and La physionomie nouvelle de la
question austro-hongroise, in _Questions
Diplomatiques et Coloniales_, Dec. 16, 1910;
Kolmer, La vie politique et parlementaire en
Autriche, in _Revue Politique et Parlementaire_,
July 10, 1911; and G. Blondel, Les dernieres
elections en Autriche-Hongrie, in _La Reforme
Sociale_, Aug. 1 and 15, 1911.]
V. THE JUDICIARY AND LOCAL GOVERNMENT
*535. General Principles: the Ordinary Tribunals.*--All judicial power
in the Austrian Empire is exercised, and all judgments and sentences
are executed, in the name of the Emperor. Judges are appointed for
life, by the Emperor or in his name, and they may be removed from (p. 484)
office only under circumstances specified by law and by virtue of
a formal judicial sentence. On taking the oath of office all judicial
officials are required to pledge themselves to an inviolable
observance of the fundamental laws. The Law of December 21, 1867,
concerning the Judicial Power withholds from the courts the power to
pronounce upon the validity of statutes properly promulgated, though
they may render judgment on the validity of Imperial ordinances
involved in cases before them.[682] With some exceptions, fixed by
law, proceedings in both civil and criminal cases are required to be
oral and public; and in all cases involving severe penalties, as well
as in all actions arising from political crimes and misdemeanors and
offenses committed by the press, the guilt or innocence of the accused
must be determined by jury.
[Footnote 682: Art. 7. Dodd, Modern Constitutions,
I., 86.]
By the law of 1867 it is stipulated that there shall be maintained at
Vienna a Supreme Court of Justice and Cassation (_Oberste Gerichts-und
Kassationshof_) for all of the kingdoms and countries represented in
the Reichsrath, and that the organization and jurisdiction of inferior
courts shall be determined by law. Of in
|