FREE BOOKS

Author's List




PREV.   NEXT  
|<   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605   606   607   608   609   610   611   612  
613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   >>   >|  
ferior tribunals there have been established 9 higher provincial courts (_Oberlandesgerichte_),[683] 74 provincial and district courts (_Landes-und Kreisgerichte_), and 96 county courts (_Bezirksgerichte_). The provincial and district courts and the county courts, together with a group of jury courts maintained in connection with the provincial and district tribunals, are courts of first instance; the higher provincial courts and the Supreme Court exercise a jurisdiction that is almost wholly appellate. There exist also special courts for commercial, industrial, military, fiscal, and other varieties of jurisdiction. [Footnote 683: Located at Vienna, Graz, Trieste, Innsbrueck, Zara, Prague, Bruenn, Cracow, and Lemberg.] *536. The Imperial Court.*--In Austria, as in France and other continental countries, cases affecting administration and the administrative officials are withheld from the jurisdiction of the ordinary courts and are committed to special administrative tribunals. By law of 1867 provision was made for an Imperial Court (_Reichsgericht_), to exercise final decision in conflicts of jurisdiction between the two sets of courts and, in general, in all disputed questions of public law, after the manner of the Court of Conflicts in France. The Imperial Court was organized by law of April 18, 1869. It sits at Vienna, and it is composed of a president and deputy president, appointed by the Emperor for life, and of twelve members and four substitutes, also appointed for life by the Emperor upon nomination by the Reichsrath. It decides finally all conflicts of competence (p. 485) between the administrative and the ordinary judicial tribunals, between a provincial diet and the Imperial authorities, and between the independent public authorities of the several provinces of the Empire. Very important in a country so dominated by a bureaucracy as is Austria is the power which by fundamental law is vested in the Imperial Court to pass final verdict upon the merits of all complaints of citizens arising out of the alleged violation of political rights guaranteed to them by the constitution, after the matter shall have been made the subject of an administrative decision. The purpose involved is to afford the citizen who, believing himself deprived of his constitutional rights, has failed to obtain redress in the administrative courts, an opportunity to have his
PREV.   NEXT  
|<   588   589   590   591   592   593   594   595   596   597   598   599   600   601   602   603   604   605   606   607   608   609   610   611   612  
613   614   615   616   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   >>   >|  



Top keywords:

courts

 

provincial

 
Imperial
 

administrative

 

jurisdiction

 
tribunals
 

district

 

France

 
authorities
 

Austria


rights

 

Vienna

 

decision

 

special

 
conflicts
 

president

 

public

 

Emperor

 

appointed

 

ordinary


exercise

 

higher

 

county

 

provinces

 

Empire

 

independent

 

important

 

bureaucracy

 

dominated

 
country

substitutes

 

members

 

twelve

 
Oberlandesgerichte
 
established
 
nomination
 

competence

 

finally

 
Reichsrath
 

decides


judicial

 
vested
 
citizen
 
believing
 

afford

 

involved

 
subject
 

purpose

 

deprived

 

obtain