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Fairyland Proposall, Maldives, Indian Ocean
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According to the Constitution of Maldives, "The judges are independent, and subject only to the constitution and the law. When deciding matters on which the Constitution or the law is silent, judges must consider Islamic Shari'ah."
The independent Judicial Services Commission is the core of the judiciary. It oversees the appointment and dismissal of judges, and acts as a 'watchdog' to ensure that Judges uphold the code of conduct. Currently in an interim stage, one member is appointed by the president others come from the Civil Service Commission, parliament, the public, high court judge, lower court judge and a supreme court member. Including a supreme court member presents a conflict of interest given that the Supreme Court must be composed with the advice of the commission.
There has been raised concerns over the independence of the commission, given that of eight interim members, the President appoints one and all current judges were appointed by President Gayoom under the previous constitution, of whom two were appointed to the commission.
The Supreme Court of Maldives is headed by a Chief Justice, who is the head of judiciary. As of 2008 the President had appointed 5 judges, who were approved by the Parliament. The interim court will sit until a new permanent Supreme Court is nominated under the constitution. Underneath the Supreme Court sit a High Court and a Trial court. The constitution requires an odd number of judges in the High Court of Maldives, leading to the current three appointed justices. Verdicts must be reached by a majority, but must also include a minority report.
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