Judgment Reviews Law at Denmark
Denmark's judicial system offers a structured framework for reviewing court judgments across civil, criminal, and constitutional matters. Here's an overview of the judgment review processes in Denmark:
⚖️ Judicial Hierarchy and Appeal Mechanisms
1. District Courts (Retterne)
District Courts serve as the courts of first instance for most cases, including civil, criminal, enforcement, probate, and bankruptcy matters. They handle the initial proceedings and issue judgments. Decisions made by District Courts can generally be appealed to the High Courts.
2. High Courts (Landsretterne)
Denmark has two High Courts:
High Court of Eastern Denmark (Østre Landsret): Located in Copenhagen, it hears cases from the eastern part of Denmark.
High Court of Western Denmark (Vestre Landsret): Located in Viborg, it hears cases from the western part of Denmark.
High Courts erve as appellate courts for cases from the District Courts. They review both civil and criminal cases, and their decisions can be appealed to the Supreme Court, subject to permission from the Danish Appeals Permission Board.
3. Supreme Court (Højesteret)
The Supreme Court is the highest court in Denmark and serves as the final court of appeal. It reviews judgments and orders delivered by the High Courts and the Maritime and Commercial Court. The Supreme Court does not review the question of guilt or innocence in criminal cases but focuses on legal issues such as sentencing, expulsion, and interpretation of the law.
To bring a case before the Supreme Court, permission must be obtained from the Danish Appeals Permission Board, which grants permission if the case is of general importance or, in criminal cases, if special circumstances apply.
🏛️ Constitutional Oversight and Judicial Review
Denmark does not have a specialized constitutional court However, the judiciary has the authority to review the constitutionality of laws While the Constitution does not explicitly grant this power, the courts have established the right to assess whether laws are compatible with the Constitution This practice was notably affirmed in the 1999 Tvind case, where the Supreme Court declared a law unconstitutional for violating the separation of powers
📌 Summary
Denmark's judicial system provides multiple avenues for reviewing judgments across civil, criminal, and constitutional matter. Decisions from District Courts can be appealed to the High Courts, and from there, with permission, to the Supreme Cour. The Danish Appeals Permission Board plays a crucial role in granting permission for appeals to the Supreme Cour. Additionally, the judiciary has the authority to review the constitutionality of laws, ensuring that they align with constitutional principle.
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