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SECTION II - General Aspects

Document Cited in Related
AuthorE. J. Cohn and G. Meyer
ProfessionSir
Pages34

  1. In England the courts are open for all types of legal disputes with the sole exception of those which are expressly excluded from the jurisdiction of the Courts by statute. In Germany the position is different. The principle of German law is that the courts have jurisdiction only in regard to questions of private law and to criminal matters. This leaves a large field open which in this country is covered by the jurisdiction of the courts, i.e., the field of constitutional and administrative law, and especially revenue law. Formerly in this field the administration could freely decide, but during the last 150 years this unsatisfactory state of affairs has gradually been removed by the development of special courts of varying description, such as administrative courts (Verwaltungsgerichte) and others. But in legal parlance it is still usual to refer to those cases in which the ordinary courts have jurisdiction as those in which redress by ordinary law is given (der Rechtsweg ist zulissig), although practically all other types of disputes may now also be brought before courts (other than ordinary courts), whose composition and general standing secure a proper and entirely impartial treatment of the case. The question whether the ordinary...

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