Attacks on Justice 2005: Spain
After considering the events that have taken place in the legal field since 2002, we can conclude that no relevant attacks on judicial independence have occurred that would affect the very fabric of its foundation.
After considering the events that have taken place in the legal field since 2002, we can conclude that no relevant attacks on judicial independence have occurred that would affect the very fabric of its foundation.
The suspension of the Constitution has rendered the separation of powers ineffective, and left civil society with no legitimate means of challenging executive power.
Although the independence of the judiciary is constitutionally enshrined in China, the government and the Chinese Communist Party continue to interfere in the judicial process, directing judgments in many instances.
Despite political progress towards a democratic state based on the rule of law, ongoing violence has hampered the effectiveness of the judicial system.
A new Transitional Constitution providing for the independence of the judiciary was promulgated on 4 April 2003. However, the judiciary’s situation is still worrying, since impunity is the norm, and corruption and interference by the executive are widespread.
In 2003 and 2004, 1,700 magistrates were intermittently on strike demanding the effective independence of the judiciary. Attacks against lawyers have continued to occur regularly.
Democratic Republic of Congo-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Despite the principle of separation of powers and independence of the judiciary enshrined in the 1992 Constitution, most judges are under the control of the executive.