The role of the judicial assistant in civil proceedings

Abstract

This dissertation shall delve into the role of the judicial assistant and its origins, both in the Maltese legal system as well as in other foreign jurisdictions, including the Netherlands, England, Ireland and the United States of America. Regard shall also be given to how the role of the judicial assistant, and its variants, has developed in these aforementioned legal systems, while comparing them and highlighting any differences between these jurisdictions, with respect to the role of the judicial assistant. The requirements one must fulfil in order to occupy the office of a judicial assistant, as well as the three methods through which judicial assistants may be appointed shall be discussed. The advantages and disadvantages of each shall be contemplated while giving regard to the length of judicial assistants’ term in different jurisdictions. Discussion shall also be raised in light of whether the role of the judicial assistant can – or cannot - violate the fundamental human right to a fair hearing, as enshrined by Article 6 of the European Convention on Human Rights.