Gripla - 01.01.2002, Blaðsíða 34

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GRIPLA
Taranger, Absalon (1924): Alting og lagting. Historísk tidsskríft [norsk]. Femte
Række V, 1-45.
Vilhjálmur Finsen (1873): Om de islandske Love i Fristatstiden. I Anledning af Prof.
Konrad Maurer’s „Graagaas" i Allgemeine Encyclopádie der Wissenschaften und
Kiinste, 77de Bind, S. 1-188. Aarbdger for nordisk Oldkyndighed og Historie
1873, 101-250.
Vilhjálmur Finsen (1888): Om den oprindelige Ordning afnogle afden islandske Fri-
stats Institutioner. Kjpbenhavn (Vidensk. Selsk. Skr., 6. Række, historisk og
philosophisk Afd. II. 1).
SUMMARY
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 (lögrétta) 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 modem, demo-
cratic state.
It is suggested here that the separation came about at a defmite stage in the devel-
opment 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 tumed into quarter courts at the
Althing at Þingvellir. Then, perhaps for the first time in the Norse world, different insti-
tutions operated simultaneously at the same assembly. This may have given occasion
to a division of the tasks of the assembly between them.
Gunnar Karlsson
Sagnfræðiskor
Heimspekideild Háskóla Islands
Arnagarði við Suðurgötu
101 Reykjavík
gunnark@hi.is