The High Court consists of a President, a Vice-President, from twelve to
fourteen Councillors, a Procurator-General, three Advocates-General (who
form, with the Procurator-General, the 'Public Ministry' or Office of
Public Prosecution), also a Greffier, or Clerk of Court, and two deputy
Greffiers. Most of the appointments are made by the Sovereign, and are
for life. The High Court is situated at The Hague, and its principal duty
is to control the administration of justice by the lower Courts, a
process known as 'cassation.' If, for example, one of the lower Courts
has pronounced a sentence from which there is no appeal in that Court,
and one of the contending parties is of opinion that the sentence is
excessive, that party may require the High Court to cancel or annul
(_casseer_) the verdict. When an appeal for cassation or annulment is
thus made, the High Court has not to go into the question of the guilt or
innocence of the contending parties, but merely into the question whether
the lower Court has judged rightly or whether it was competent to judge
the case at all. Such 'cassations' occur almost daily, not because the
High Court has a reputation for reversing the verdicts given below, but
because the process offers at least a good chance of getting a sentence
reduced. The Public Prosecution, however, has power to set in motion the
process of cassation without being called upon so to do if the interests
of justice should in its opinion require it. To the jurisdiction of the
High Court belong also piracy cases, the apportionment of prizes made in
war, and the determination of accusations against State officials of
abuse of power.
Of Provincial Courts there are five, each composed of officials similar in
name, though not in rank, to those of the High Court, and they, too, are
for the most part appointed by the Crown, though not all for life. These
Provincial Courts pronounce judgment in the second instance--that is, when
the decision of a lower Court has been appealed against. This is, in fact,
their principal function, though they also pronounce judgment in the first
instance in cases of difference between the Cantonal Courts or
Arrondissement Courts. The latter are so named from the divisions into
which the country was split up for administrative purposes during the
Napoleonic _régime_, for the existing arrondissement boundaries are
virtually the same as those of ninety years ago.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account