Constitution

Germany (Prussia) 1919 Constitution

Table of Contents

Division Seven. THE ADMINISTRATION OF JUSTICE

Article 102

The judges are independent and subject to only the law.

Article 103

The ordinary jurisdiction shall be exercised by the Imperial Supreme Court and by the courts of the Lands.

Article 104

The judges of the ordinary jurisdiction are appointed for life. They can, against their will, be permanently or temporarily deprived of their office or transferred to another court or retired only by virtue of a judicial decision and only on the grounds and in the manner provided by the statutes. Legislation can fix the age limits upon reaching which the judges retire.

The statutory provisional suspension from office is not hereby affected.

In case of a change in the organization of the courts or of their territorial jurisdictions, the Land Administration of Justice can order involuntary transfers to another court or removals from office, only, however, with retention of the full stipend.

These provisions do not apply to judges of the Industrial Courts, Assessors and Jurymen.

Article 105

Exceptional courts are not allowed. No one may be deprived of the judge provided for him by law. The provisions of law concerning Courts-Martial, including the drum head variety, are not hereby affected. The Military Courts of Honor are abolished.

Article 106

The jurisdiction of military courts is to be abolished, except for times of war and on board warships. An Imperial statute shall prescribe the details.

Article 107

In the Empire and in the Lands there must exist, in accordance with statutes, Administrative Courts for the protection of the Individuals against orders and decrees of the administrative authorities.

Article 108

In accordance with an Imperial statute a High Court of Judicature for the German Empire shall be established.

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