Recursus ad Comitia

Ein Beitrag zur Justizverfassung des Heiligen Römischen Reiches im 18. Jahrhundert

Abstract

In the 18th century, the estates of the Empire frequently called upon the Reichstag to revoke decisions made by the Reichshofrat or the Reichskammergericht. This recourse to the Reichstag – recursus ad comitia – was one of the key points of contention in the constitutional practice and imperial communications of the day. Was the Reichstag a »super-court of revision« or a »supreme court of appeal« in the Empire? The debate about the admissibility and effects of this extraordinary judicial entity reflects the diversity of attitudes towards the judicial constitution of the Empire and its fundamental constitutional principles. The essay examines the fundamental implications of the recursus ad comitia: judicial rulings or political compromise, the prerogative of regional government over far-reaching imperial authority in judicial matters, the conclusive authority of the imperial courts or the supremacy of the Reichstag.
Two case studies shed light on some key functions that such recourse is meant to fulfil from the point of view of the regional rulers who invoke it: the protection of regional authority against the imposition and enforcement of compliance with the law by the imperial courts and rulings on conflicts of authority between the public bodies of the Empire. An analysis of heterogeneous contemporary texts serves to outline the basic approaches taken at the time with regard to the admissibility or prohibition of legal redress.
In contrast to current interpretations – this essay interprets the recursus ad comitia as an expression of a manifold constitutional conflict regarding the judicial constitution of the Empire.