في معنى استقلالية السلطة القضائية وتجلياتها

Abstract

The independance of the judiciary in Lebanon, as constitutionally guaranteed, carries a particular meaning that is embodied exclusively in the judicial function performed by any sitting judge issuing rulings in the name of the Lebanese people. The Constitution that elevates the judiciary to the level of a power does not provide itself for guarantees akin to the legislative and executive branches. Rather, it entrusts the determination of judicial safeguards to the legislature, under the oversight of the Constitutional Council. The Council has consistently interpreted these safeguards as measures that protect judges in the exercice of their functions by removing any limits or obstacles to their judicial authority when adjudicating disputes brought before them.

This context impacts the legal nature of the Higher Judicial Council, which is considered an administrative body that contributes to ensuring these safeguards an, therefor, restrains the executive authority in its related decisions – without, however, replacing it. For example, in matters of judicial appointments and transfers, the Council does not take the place of the executive. This raises the issue of the Council’s composition and the use of elections to select its members, a commendable option albeit not without its risks.