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of a single justice of
the peace, vested in ordinary breaches of police regulations with sole
authority, though in more serious cases associated with the
burgomaster of the commune. Next above are the tribunals of first
instance, one in each of the twenty-six arrondissements into which the
kingdom is divided, and each consisting of three judges. The court of
first instance serves as a court of appeal from the decisions of the
cantonal tribunal, and at the same time it possesses original
jurisdiction in more serious cases of crime and misdemeanors within
the arrondissement. Above the courts of first instance stand the three
courts of appeal, sitting at Brussels, Ghent, and Liege. That at
Brussels consists of four chambers. At the apex is the Court of
Cassation, sitting at the capital. In this supreme tribunal there is
but a single judge, but associated with him is a large staff of
assistants. The function of the Court of Cassation is to determine
whether the decisions of inferior tribunals are in accord with the law
and to annul such as are not. It is of interest to observe, however,
that it is the Court of Cassation that tries a minister upon charges
preferred by the House of Representatives, and this is the only
circumstance under which the tribunal exercises any measure of
original jurisdiction. The creation of the Court of Cassation and of
the three courts of appeal is specifically provided for within the
constitution. All inferior tribunals are created by law, and none are
permitted to be established otherwise. For the trial of criminal cases
there are special tribunals, in three grades: police courts,
correctional courts, and courts of assize.
All judges and justices of the peace are appointed by the king for
life. Members of the courts of appeal and the presidents and (p. 550)
vice-presidents of the courts of original jurisdiction are selected
from two double lists presented, the one by these courts and the other
by the provincial councils. Members of the Court of Cassation are
selected from two double lists presented, the one by the Senate and
the other by the Court itself. All other judicial officers are
appointed by the crown independently. Except for urgent reasons of
public order or morals, sessions of all tribunals are public, and
every judgment must be pronounced in open court. Unlike Holland,
Belgium has a well developed system of trial by jury. Jury trial is
guaranteed by the constitution in all
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