Judicial-administrative relations in the Maltese Courts

Abstract

"When the legislative and executive powers are united in the same person, are in the same body of magistrates, there can be no liberty; because apprehension may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression." (Montesquieu) This classic doctrine is better known as the separation of powers. In simple terms this is the division of powers and responsibilities between the legislative branch, the executive branch and the judicial branch. Montesquieu' s thoughts about this doctrine, however, were that these powers and responsibilities had to be separated in a way, that each branch could regulate the other. Thus, the judiciary regulates the way in which the executive applies the law, which is enacted by the legislature. The judiciary would be limited by the legislature, as only the legislature would be empowered to create new law and, on the other hand, the legislature could create law, but has no direct powers to apply it. [...]