FREE BOOKS

Author's List




PREV.   NEXT  
|<   643   644   645   646   647   648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   664   665   666   667  
668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683   684   685   686   687   688   689   690   691   692   >>   >|  
speech, and equality before the law in all matters pertaining to the protection of person and property. It likewise undertakes to guarantee the individual against partiality and arbitrariness in the administration of justice. Except in unusual cases, prescribed by law, no one may be taken into custody except upon a warrant issued by a judge, stating specifically the reason for arrest. No one may be removed against his will from the jurisdiction of the tribunal in which he has a right to be tried. General confiscation of the property of a person adjudged guilty may not be imposed as a penalty for any offense. Save in exceptional cases, specified by law, or when in the opinion of the judge public order and morals forbid, the sessions of all courts are required to be public. Judgments must be pronounced in public session. They must be accompanied by a statement of the considerations upon which they are based, and, in criminal cases, by a citation of the specific provisions of law upon which the sentence is founded.[741] [Footnote 741: Arts. 149-161. Dodd, Modern Constitutions, II., 110-112.] *585. The Courts.*--Justice is administered throughout the kingdom in the name of the crown, and all judicial officers are appointed by the crown. Within the constitution provision is made only for a supreme tribunal known as the High Court (_Hooge Raad_) of the Netherlands, sitting at The Hague. Minor courts exist by virtue of ordinary law. The judges of the High Court, five in number, are appointed by the crown from lists prepared by the lower house of the States-General. The junctions of the High Court are of large importance. On appeal from inferior tribunals it may annul any judicial proceeding, decree, or judgment held by it to be unwarranted by law. It is charged with the duty of seeing that suits are properly tried and decided, and that judicial officials comply with the laws. Inferior judges are appointed normally for life, but under conditions prescribed by law they may be dismissed or relieved of their duties by decision of the High Court. Finally, the High Court constitutes a tribunal before which, upon charges brought by either the sovereign or the lower chamber, members of the States-General, heads of the ministerial departments, governors-general, members of the Council of State, and commissioners of the crown in the provinces, may be prosecuted upon charge of offenses committed
PREV.   NEXT  
|<   643   644   645   646   647   648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   664   665   666   667  
668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683   684   685   686   687   688   689   690   691   692   >>   >|  



Top keywords:

judicial

 

appointed

 
tribunal
 

public

 

General

 
States
 

judges

 

person

 
courts
 

members


prescribed

 

property

 

appeal

 

prepared

 
importance
 

junctions

 

tribunals

 

inferior

 

ordinary

 

supreme


charge

 

prosecuted

 

committed

 

constitution

 

offenses

 

provision

 

virtue

 

provinces

 

Netherlands

 
sitting

number

 

relieved

 

duties

 
decision
 
general
 
dismissed
 

conditions

 

Finally

 
governors
 

ministerial


sovereign

 
departments
 
constitutes
 
charges
 

brought

 

Council

 
charged
 

unwarranted

 

chamber

 

proceeding