Supreme Court of Denmark
Encyclopedia
The Supreme Court of Denmark (Danish
: Højesteret) is the supreme court
and the third and final instance in all civil and criminal cases in Denmark
. It is based at Christiansborg Palace
in Copenhagen
which also houses the Danish Parliament.
by King Frederik III
as a replacement of King Christian IV
's King's Court (da. Kongens Retterting). It was based at first Copenhagen Castle
kater Christiansborg Palace
, which was built in its place on the same site at Slotsholmen
, and originally consisted of 30 justices. From its foundation and until the adoption of the Constitution of 1849, the king was the formal head of the Supreme Court but he only attended the first meeting each year and an office as justitiariuswas therefore instituted as early as 1674 (from 1919 with title of President).
After the 1794 Fire of the Christiansborg Palace, the Supreme Court moved first to Prinsens Palæ (until 1754), now housing the National Museum of Denmark
, and then to Schacks Palæ, one of the four mansions of Amalienborg Palace
(1854/ndash;1864), before moving back to Slotsholmen. After the fire of the second Christianborg Palace in 1884 the Supreme Court had to move once again and was vased at Bernstorffs Palæ in Bredgade
until 1919 when it could move back to the present Christiansborg Palace.
As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a President.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).
Danish language
Danish is a North Germanic language spoken by around six million people, principally in the country of Denmark. It is also spoken by 50,000 Germans of Danish ethnicity in the northern parts of Schleswig-Holstein, Germany, where it holds the status of minority language...
: Højesteret) is the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
and the third and final instance in all civil and criminal cases in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
. It is based at Christiansborg Palace
Christiansborg Palace
Christiansborg Palace, , on the islet of Slotsholmen in central Copenhagen, is the seat of the Folketing , the Danish Prime Minister's Office and the Danish Supreme Court...
in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
which also houses the Danish Parliament.
History
The Supreme Court was founded on 14 February 16611661 in Denmark
-Events:* January 10 – The decision to introduce absolute monarchy from the previous year enters into effect.* January 12 – The State College proposes a comprehensive codification of Danish law, later resulting in the Danish Code of 1683....
by King Frederik III
Frederick III of Denmark
Frederick III was king of Denmark and Norway from 1648 until his death. He instituted absolute monarchy in Denmark and Norway in 1660, confirmed by law in 1665 as the first in western historiography. He was born the second-eldest son of Christian IV of Denmark and Anne Catherine of Brandenburg...
as a replacement of King Christian IV
Christian IV of Denmark
Christian IV was the king of Denmark-Norway from 1588 until his death. With a reign of more than 59 years, he is the longest-reigning monarch of Denmark, and he is frequently remembered as one of the most popular, ambitious and proactive Danish kings, having initiated many reforms and projects...
's King's Court (da. Kongens Retterting). It was based at first Copenhagen Castle
Copenhagen Castle
Copenhagen Castle was a castle on Slotsholmen in Copenhagen, Denmark, built in the late 14th century at the site of the current Christiansborg Palace....
kater Christiansborg Palace
Christiansborg Palace (1st)
The first Christiansborg Palace was built in Copenhagen by Christian VI of Denmark as a new main residence for the Danish monarch to replace the antiquated Copenhagen Castle which had assumed a monstrous appearance and started to crumble after several extensions...
, which was built in its place on the same site at Slotsholmen
Slotsholmen
Slotsholmen is an island in the harbour of Copenhagen, Denmark, and part of Copenhagen Inner City. Bishop Absalon constructed the city's first castle on the island in 1166-67 at the site where Christiansborg Palace, the seat of the Danish Parliament lies today...
, and originally consisted of 30 justices. From its foundation and until the adoption of the Constitution of 1849, the king was the formal head of the Supreme Court but he only attended the first meeting each year and an office as justitiariuswas therefore instituted as early as 1674 (from 1919 with title of President).
After the 1794 Fire of the Christiansborg Palace, the Supreme Court moved first to Prinsens Palæ (until 1754), now housing the National Museum of Denmark
National Museum of Denmark
The National Museum of Denmark in Copenhagen is Denmark’s largest museum of cultural history, comprising the histories of Danish and foreign cultures, alike. The museum's main domicile is located a short distance from Strøget at the center of Copenhagen. It contains exhibits from around the world,...
, and then to Schacks Palæ, one of the four mansions of Amalienborg Palace
Amalienborg Palace
Amalienborg Palace is the winter home of the Danish royal family, and is located in Copenhagen, Denmark. It consists of four identical classicizing palace façades with rococo interiors around an octagonal courtyard ; in the centre of the square is a monumental equestrian statue of Amalienborg's...
(1854/ndash;1864), before moving back to Slotsholmen. After the fire of the second Christianborg Palace in 1884 the Supreme Court had to move once again and was vased at Bernstorffs Palæ in Bredgade
Bredgade
Bredgade is one of the most prominent streets in Copenhagen, Denmark. Running in a straight line from Kongens Nytorv for just under one kilometre to the intersection of Esplanaden and Grønningen, it is one of the major streets in Frederiksstaden, a Rococo district laid out in the middle of the...
until 1919 when it could move back to the present Christiansborg Palace.
Function
The Supreme Court functions as a civil and criminal appellate court for cases from the subordinate courts. Since a decision cannot normally be appealed more than once, County Court cases rarely reach Supreme Court-level, though this may be the case if the independent Board of Appeals grants a leave of appeal.As its name indicates, the Supreme Court is the highest Court in the Kingdom of Denmark and its judgments cannot be appealed to another Danish court. It is split into two chambers which both hear all types of cases. A case is heard by at least five judges. In all, the court consists of normally 15 judges and a President.
Unlike criminal cases in the lower courts, the Supreme Court does not deal with the issue of guilt. However, the basis on which the lower court reached its verdict may be brought into consideration and edited. In criminal trials by jury in the first instance, the defence may appeal on grounds of judicial error regarding the judges' direction to the jury (the summing-up of the theoretical foundations, which should be taken into consideration when the jurors deliberate).