ISSN (Online): 2349-2031
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A Comparative Analysis on the Parliament’s Role in the Appointment of Justices to the Supreme Court in the USA and the Maldives

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DOI: 10.18535/ijsshi/v6i2.04· Pages: 5282-5290· Vol. 6, No. 2, (2019)· Published: February 28, 2019
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Abstract

The politics involved in the appointment of Judges to the Supreme Court impacts everyone; the policy making Executive, the lawmaking Legislature and the people who elected the aforementioned two branches of Government. In Maldives, the parliament plays a huge role in the appointment of Justices to the Supreme Court of Maldives. However, the parliamentary procedure in place regarding providing approval to selected candidates to the highest authority in the judiciary of Maldives seems to lack a vital part of any job interview; the assessing of the candidate’s eligibility to take on the responsibilities of the office. Whereas in the United States of America, confirmation hearings are held to not only assess the candidate’s eligibility but also to determine the character of the candidate. The main purpose of this article is to entail the role of the parliament in both jurisdictions in the appointment of Justices to the Supreme Court Therefore, taking a doctrinal approach, this article analyses the constitutional and parliamentary procedures of the United States of America and Maldives regarding the appointment of Justices to the Supreme Court. This article reveals the imperative necessity to reform the constitutional and parliamentary procedures of appointing Justices, to ensure an independent, impartial and effective judiciary in the Maldives.

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Author details
Aminath Asfa Shafie
Ph.D. Candidate, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
✉ Corresponding Author
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Shamrahayu A. Aziz
Ph.D. Associate Professor, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
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