Aðgreining löggjafarvalds og dómsvalds í íslenska þjóðveldinu

Abstract

During the prime of nationalism in Icelandic historiography, especially in the first half of the twentieth century, scholars stressed, rather proudly, the separation of legislative and judiciary power in the constitution of the medieval Icelandic commonwealth. Later it was doubted whether such a separation actually existed. In this article it is contended that it did, in the sense that legislation and judicial proceedings were vested in different institutions. The Law Council (lögréttá) was basically a legislative body, while the courts of the spring assemblies (vorþingsdómar), quarter courts (fjórðungsdómar) and Fifth Court (fimmtardómur) passed sentences in cases between individuals. On the other hand, the goðar, who alone made decisions in the Law Council, nominated the farmers who sat in the courts, and nothing was done to secure the independence of the judges against the legislators. Thus the separation of legislative and judiciary power does not seem to have had any of the political purpose which it has in a modern, democratic state. It is suggested here that the separation came about at a definite stage in the development of the Icelandic constitution. In the second half of the tenth century quarter assemblies (fjórðungsþing) were established in each quarter of the country. Some time later, at any rate before 1030, these assemblies were turned into quarter courts at the Althing at Þingvellir. Then, perhaps for the first time in the Norse world, different institutions operated simultaneously at the same assembly. This may have given occasion to a division of the tasks of the assembly between them.