| 翻訳と辞書 |
| Hof van Holland ： ウィキペディア英語版 |
Hof van Holland
The Hof van Holland, Zeeland en West-Friesland ((:ɦɔf vɑn ɦɔlɑnt zeːlɑnt ɛn ʋɛst frislɑnt); usually shortened to Hof van Holland in the literature, and translated in English literature as "(High) Court of Holland") was the High Court of the provinces of Holland (including West Friesland) and Zeeland, instituted as a separate entity of the government of the Counties of Holland and Zeeland in 1428, under the Burgundian and Habsburg Netherlands, and continued with little change under the Dutch Republic, Batavian Republic, and the Kingdom of Holland, until its dissolution in 1811 by the First French Empire. It should not be confused with the ''Hoge Raad van Holland en Zeeland'' which was the supreme court, founded in 1582 by the States-General of the Netherlands and intended for the entire Dutch Republic. The ''Hof'' was in practice the main Appellate court in Holland and Zeeland, and in number of cases-handled the most important in the entire Dutch Republic (in comparison to the sister-provincial courts like the ''Hof van Friesland'') and its Precedents played an important role in the development of Roman-Dutch law, which is still influential in Southern Africa.
==History==
The ''Hof'' was constituted by Duke Philip the Good, in his capacity of new Count of Holland and Zeeland on 3 July 1428 (on the basis of the Treaty of Delft) as his "High Council" to govern the counties, together with his Stadtholder. At first the Council combined executive and judicial functions. In the period around 1445 the judicial tasks were more and more concentrated in a separate "chamber" of nine councillors, which became known as the ''Hof''. This was first formalised by the ''Instructie'' (Instruction) of 1462, given by Philip's son Charles of Charolais, that formally governed the jurisdiction, competence and composition of the court. Such Instructions were again drawn up in 1480, 1522 and 1531 (to name the most important dates). The 1531 Instruction remained more or less in force (with small amendments) until the court's dissolution in 1811, despite the fact that after the Act of Abjuration of 1581 (when Philip II of Spain was formally deposed as Count Philip III of Holland and Zeeland) the sovereignty of the count was taken over by the States of the two counties (now sovereign provinces in a confederacy). The Habsburg Netherlands had since the 1470s always had the Great Council of Mechelen as their Supreme Court. This was replaced in 1582 by the ''Hoge Raad van Holland en Zeeland'' as the Supreme Court of the Dutch Republic, but in practice only the States of Holland and of Zeeland recognized this highest Appellate Court. This meant that the ''Hof'' and the ''Hoge Raad'' in practice competed with one another as appellate courts (though formally decisions of the ''Hof'' could be appealed to the ''Hoge Raad'') due to a vague delineation of the jurisdictions and competences of the two courts. When in 1795 the Batavian Republic overthrew the old Republic the ''Hoge Raad'' was dissolved, but the ''Hof'' remained in place, be it that its name was changed in 1798 to ''Hof van Justitie van Holland en Zeeland'' (Court of Justice of Holland and Zeeland). With the new constitution of 1801 the province of Zeeland got its own ''Hof van Justitie'' (Court of Justice), which was split off from the Holland one in 1803. When the Kingdom of Holland (which had succeeded the Batavian Republic in 1806) was annexed to the French Empire in 1810 all such provincial Courts of Justice were abolished as of January 1, 1811. But the ''Hof'' was only dissolved on 1 March 1811 with the inauguration of the new Imperial Court for the Departements that took the place of the province of Holland.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Hof van Holland」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|