The independence of Constitutional judges in microstates: the challenge of the diminutive size

REVISTA GENERAL DE DERECHO PÚBLICO COMPARADO, 2023
Abstract

The article analyses the independence-related issues of the judges sitting in the courts entrusted with the determination of constitutional questions in micro jurisdictions. These jurisdictions, because of their diminutive size, face specific challenge, i.e., small pool of potential judges, lack of expertise, anonymity, involvement in other activities and inter-branch dependence. Micro jurisdictions are concerned by these challenges, and they try to address them in their constitutions and statutory legislations. Nonetheless, although common solutions are proposed, differences persist, making difficult to draft a unique model. Within a microstate model several sub-models exist, mirroring their different geography, history, and constitutional tradition.