
Contents
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I. Medieval Canon Law Understanding of Jurisdiction as a Blueprint for European Court History I. Medieval Canon Law Understanding of Jurisdiction as a Blueprint for European Court History
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1. Papal Rule by Jurisdiction 1. Papal Rule by Jurisdiction
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2. Nullity of the Verdict by a Non-Competent Judge 2. Nullity of the Verdict by a Non-Competent Judge
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3. Self-Adjudicating Scholarly Judge as Representative of the Complementarity of Procedural and Substantive Justice 3. Self-Adjudicating Scholarly Judge as Representative of the Complementarity of Procedural and Substantive Justice
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4. Judicial Revolution in Secular Continental Jurisdictions 4. Judicial Revolution in Secular Continental Jurisdictions
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II. Supreme Jurisdiction as a Driving Force for Early Modern Monarchies: General Issues II. Supreme Jurisdiction as a Driving Force for Early Modern Monarchies: General Issues
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1. Administration of Justice as Power 1. Administration of Justice as Power
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2. Superiority and Legal Professionalization 2. Superiority and Legal Professionalization
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a) France a) France
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b) England b) England
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3. Royal Judicial Sovereignty versus Feudal Particularism 3. Royal Judicial Sovereignty versus Feudal Particularism
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4. Constitutional Conflicts as Jurisdictional Rivalry 4. Constitutional Conflicts as Jurisdictional Rivalry
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III. Specific European Early Modern Supreme Courts III. Specific European Early Modern Supreme Courts
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1. Judicial Autonomy à la Paris 1. Judicial Autonomy à la Paris
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2. Jurisdictional Rivalry with Prerogative Courts and Parliament’s Self-Understanding as the Highest Court of Justice 2. Jurisdictional Rivalry with Prerogative Courts and Parliament’s Self-Understanding as the Highest Court of Justice
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a) Tudor Church Supremacy as Judicial Sovereignty a) Tudor Church Supremacy as Judicial Sovereignty
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b) Instrumentalization of the Crown Counsellors’ Mandate in the Star Chamber b) Instrumentalization of the Crown Counsellors’ Mandate in the Star Chamber
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c) Political Dependence of the Court of High Commission c) Political Dependence of the Court of High Commission
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d) Common Law Control by Prerogative Writs over Star Chamber, High Commission, and Chancery d) Common Law Control by Prerogative Writs over Star Chamber, High Commission, and Chancery
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e) Jurisdiction-Based Understanding of the Sovereignty of British Parliament e) Jurisdiction-Based Understanding of the Sovereignty of British Parliament
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3. Origins of a Central Court in Renaissance Scotland 3. Origins of a Central Court in Renaissance Scotland
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4. Supreme Judicial Control at the Interface between German Territorial and Imperial Jurisdiction 4. Supreme Judicial Control at the Interface between German Territorial and Imperial Jurisdiction
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5. Exemption of the House of Austria and Vienna Aulic Council 5. Exemption of the House of Austria and Vienna Aulic Council
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6. From Early Modern Castilian Supreme Jurisdiction to the Worldwide Network of Audiencias in Hemisphere-Spanning Sixteenth-Century Spain 6. From Early Modern Castilian Supreme Jurisdiction to the Worldwide Network of Audiencias in Hemisphere-Spanning Sixteenth-Century Spain
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7. Svea Court of Appeal as Role Model and the Appeal Court in Dorpat as Planned Common Appellate Court of the Swedish Baltic Dominion 7. Svea Court of Appeal as Role Model and the Appeal Court in Dorpat as Planned Common Appellate Court of the Swedish Baltic Dominion
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8. Poland–Lithuania 8. Poland–Lithuania
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Recommended Reading Recommended Reading
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30 Jurisdiction, Political Authority, and Territory
Get accessUlrike Müßig (née Seif) is Professor of Civil Law, and German and European Legal History at the University of Passau and Principal Investigator of the ERC Advanced Grant ReConFort (www.reconfort.eu).
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Published:08 August 2018
Cite
Abstract
The rise of royal power coincided with the emergence of supreme courts throughout Europe from the thirteenth century onwards. The differentiation of legal business and the institutionalization of a judicial section concerned the interface of jurisdiction, political authority, and territory. The commitment to streamline the administration of justice and to provide access to courts was the major catalyst for pre-state unification, and legal theorists advocated limits on the extent of a legal purview. These limits resolved themselves into ordinary competences and jurisdictions or, in other words, what constitutes a court as a court of law. The attempts to resolve these issues had a common forebear in the canon law of the Church, exemplified by the legal discourses of the Roman-canonical process, the so-called ordines iudiciarii. However, European court systems developed along divergent paths concerning jurisdiction, political authority, and territory, as each sought to balance sovereignty and the legal order.
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