Restoring Confidence in Justice: The Evolving State of Judicial Independence in the Maldives

Authors

  • Mohamed Thoha Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. Author

DOI:

https://doi.org/10.64306/8cyn6r22

Keywords:

Judicial independence , public confidence , Maldivian judiciary , political influence, constitutional law.

Abstract

In the Maldives, the judiciary has historically been accused of political influence and bias. A successful judicial system requires both judicial independence and public confidence, which together reinforces constitutional governance and the rule of law. While much has been written about the importance of judicial independence, less attention has been devoted to examining the structural and institutional factors that undermine it. This doctrinal study analyses the Maldivian constitutional framework for judicial independence, with particular focus on the 2008 Constitution, the three-tier court structure, and the role of the Judicial Service Commission (JSC). It draws primarily on earlier reports by international organisations, human rights bodies, and civil society, which documented concerns such as politicised appointments, executive influence, and variations in judicial competence. The study argues that these past evaluations reveal a gap between the constitutional promise of independence and the public perception of a judiciary vulnerable to political pressures, particularly in relation to lower courts and the JSC. The article concludes that strengthening judicial independence requires continued institutional reform, including restructuring the JSC, enhancing judicial training, increasing transparency and accountability, and protecting judges from undue influence while maintaining fair and impartial disciplinary mechanisms. Addressing these systemic issues is essential for ensuring that the Maldivian judiciary not only remains independent in law but is also perceived as independent by the public it serves.

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Published

25-12-2025

Issue

Vol. 2 No. 1 (2025): IUM Journal of Laws (IUMJOL)

Section

Articles

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How to Cite

Thoha, M. . (2025). Restoring Confidence in Justice: The Evolving State of Judicial Independence in the Maldives. IUM Journal of Laws (IUMJOL), 2(1), 60-70. https://doi.org/10.64306/8cyn6r22