Ole Andreas Bachke

Ole Andreas Bachke ( born May 6, 1830 in Røros; † January 3, 1890 in Kristiania ) was a Norwegian lawyer and politician.

Life

His parents were the Bergskriver and Skoginspektør Halvor Bachke (1800-1852) and Anne Sophie Ditlevsen ( 1804-1878 ). He married on 9 October 1856 in Heidelberg Augusta Marie Fridoline herbs (26 December 1839-22. November 1923 ), daughter of the lawyer Frantz Anton herbs and Marie Josephine Giegel.

In 1852 he passed the state examination. During his studies, he joined the student discussion club Det lærde Holland and made ​​friends with many intellectuals there, so even with Henrik Ibsen. 1854 to 1856 he held on to further studies abroad. After that, he became a lawyer at the Supreme Court. In 1860 he was clerk of the Superior Court of Justice things on the pin in Christiania and 1864 judges in this court. During this time he joined the the Scandinavianism and in 1864 co-founded the " Scandinavian society." In 1878 he became Chief Judge on a lower court, from 1879 to 1884 he was Minister of Justice in the government of Frederik Stang and in 1884 judge of the Supreme Court.

Bachke belonged to the new generation of lawyers who sought to provide a scientific penetration of the legal matter. He was a supporter of the legal opinion of Anton Martin Schweigaard. It also was based on other European jurisdictions, where he knew his way around well. In the 1860s he published a series of important criminal articles. 1861 to 1870 he was co-editor of the Ugeblad for Lovkyndighed ( Legal weekly ). His criminal political orientation was strongly influenced by liberal thought, as it was most clearly represented by the German jurist Carl Joseph Anton Mittermaierstrasse. He turned against the consistently high penalties in the Criminal Code and was skeptical of the death penalty. In the 1880s he returned with other significant contributions to the Code of Criminal Procedure of 1887 and dealt extensively with the position of the police in criminal justice. He also dealt with the introduction of the indictment waiver as a legal institution. He was also a pioneer in the field of copyright, one of the most important legal creations of the 19th century. From his work continued in 1876 and 1877 three out copyright laws: Copyright in texts, copyright in works of fine art and copyright to photographs.

In the 1870s he gradually became conservative and supported in the political conflicts of the 1870s and 1880s, the Høyre. 1877 to 1878 he was in the Commission for a Scandinavian Exchange Act. In 1879 he entered the reign of Frederik Stang, but accepted only reluctantly whose confrontation to the Storting. He wrote in 1880, the position of the Government for the third rejection of the constitutional amendment in the State matter and was therefore removed in 1884 with other members of the government by a judgment of the Supreme Court of his office.

Immediately after removal from office, the new government Sverdrup appointed him judge of the Supreme Court. Little is known about its case. But there are two votes on the question of property handed down to the seabed and two dissenting opinions about the relationship between the Stortingsgesetz and § 97 of the Constitution ( retroactivity ). He joined the teaching Aschehougs that the Supreme Court had a right of review over laws, and have reinforced the active role of the highest court in the review of laws on their constitutionality.

Honors

Bachke was from 1867 a member of the " Videnskabsselskab i Christiania " ( Scientific Society in Christiania, today " Videnskaps - academics " ) and in 1879 honorary doctorate from the University of Copenhagen. In 1876 he became a Knight of the Order of St. Olav and in 1881 Commander of the Swedish Order of the North Star.

Works

  • Om det borgerlige Ægteskab. ( About the Civil Marriage ) 1861
  • Om Forbrydelsers Sammenstød ( About the coincidence of several crimes ). 1862
  • Om mishandling af Dyr. ( About Cruelty to Animals ) 1864
  • Skandinavismen. De Nordiske Rigers Værn i Nutid above Fremtid. ( Skandinavismus. About the defense of the northern kingdoms today and tomorrow) 1864.
  • Om Dødsstraffens Ophævelse. (On the abolition of the death penalty ) 1869
  • "Om the Saakaldte litterære above kunstneriske Eiendomsret ". ( Via the so-called literary and artistic property rights) in 1875, published in Ugeblad for Lovkyndighed ( Legal weekly ) in several episodes from 1872 to 1875.
  • Foreløbig Udkast til Lov om Rettergangsmaaden i Straffesager ( together with B. Getz ). ( Preliminary draft Criminal Procedure Code ) 1885

Comments

The article is mainly based on the Norsk biografisk leksikon. Any other information are clearly shown.

Johan Sverdrup
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