Judicial accountability and impeachment.

Abstract

This thesis aims at a thorough analysis of the nature and extent of judicial independence and accountability as well as of the procedure for the removal of members of the judiciary from office, or as is more commonly known, impeachment, with extensive reference to the case for the removal from office of Mr Justice Lionel Murphy in Australia, and the case of Mr Justice Anton Depasquale before the Maltese House of Representatives. Introduction : Despite the relative newness of the concept, judicial independence has come to be accepted as the sine qua non of judging. This concept of judicial independence has to be considered in tandem with the issue of judicial accountability. The ultimate form of accountability for members of the judiciary is removal from office, or as is commonly known impeachment. Chapter 1: A historical approach of the development of judicial independence reveals a growing freedom of the judiciary from political and executive control. Any analysis of judicial independence and judicial accountability involves consideration of core principles and institutions of the State. Chapter 2: In a democratic community, in which the institutions of government are expected to operate with integrity and efficiency, such institutions will necessarily be subject to appropriate forms of accountability. The issue is not as to whether there should be accountability, but as to what kind of accountability is appropriate. Chapter 3: The mechanisms for the removal and discipline of judges are of vital importance to the independence of the judiciary. The power to remove and discipline judges directly affects individual judges as well as the judiciary as a whole. It follows that if the exercise of this power is not subject to proper safeguards, it is likely to result in greater mischief and abuse. Chapter 4: A very important aspect in the discussion on impeachment which necessarily has to be analysed is the interpretation of the grounds on which a member of the judiciary may be removed from office. Chapter 5 : The notice given in the House of Representatives of Malta of a motion for presenting an address to the President of the Republic under the provisions of Section 97 (2) of the Constitution of Malta, for the removal from office of Mr Justice Anton Depasquale, is a unique case before the House of Representatives. Conclusion: A judge must be free from political or other pressures. This applies also to the judicial process which must be free at every stage from interference by the Executive branch of government in order that justice is not only done but is also seen to be done. The procedure of impeachment was devised hundreds of years ago to check the unbridled independence of members of the judiciary. To reach a verdict on what is the best process for the removal of a judge from office is not an easy task.