Safeguarding the rule of law through judicial independence : Malta’s case

Abstract

The Rule of Law is a characteristic of good governance and a prerequisite to keep tyranny at bay. To attain the rule of law, power must be fragmented through the separation of powers doctrine between the three branches of government. Despite the need for checks and balances between the three branches of government, and the cry for accountability of all governing institutions, the judiciary, because of its delicate and crucial task has to be independent from all extraneous pressures. Judicial independence is a complex concept with multiple facets ranging from the substantive independence of the individual judge to the collective independence that the judicial institution has to have. Can Malta's political arrangement ever be consistent with the Rule of Law concept, given Malta being a parliamentary democracy, where the separation of powers concept is not implemented in a strict fashion? How is judicial independence ensured in the Maltese constitutional arrangement? What are the legal and institutional safeguards? Are there any threats to judicial independence? Were loopholes in the system ever abused of? Should after all judicial independence be strived for at all costs? This paper tries to answer all these questions by analyzing the concept of Judicial Independence and its link with the attainment of the Rule of Law in the Maltese context.