Justice Under Political Influence: The Blurred Lines of Power as a Major Obstacle to Judicial Independence

The theory of the separation of powers, as established by Montesquieu, remains one of the fundamental pillars of the Rule of Law. It rests on a simple yet structural requirement: preventing the concentration of power to preserve liberties and guarantee the supremacy of law. In the current Haitian context, however, this requirement appears gravely compromised—particularly regarding judicial independence. The persistent confusion between political and jurisdictional powers, aggravated by corruption, interference, and partisan appointments, constitutes one of the primary obstacles to the effectiveness of justice and the institutional credibility of the State.

In principle, political powers (Legislative and Executive) define and lead public action. They draw their legitimacy from the vote and assume political responsibility before the nation. The judicial power, however, operates under a radically different logic. Its mission is not to govern, but exclusively to interpret the law, settle disputes, and ensure legal norms are respected—even by political authorities themselves.

Yet, in today’s Haitian reality, this fundamental distinction is fading. The judiciary is frequently exposed to direct political influence through the mechanisms of appointment and promotion. When access to judicial functions depends more on proximity to the Executive than on merit and integrity, judicial independence becomes a mere formal proclamation. The judge no longer appears as an impartial arbiter, but as an actor bound by extra-legal loyalties.

Partisan appointments and corruption create a vicious cycle. The more justice is perceived as politicized, the more citizens seek to resolve conflicts outside the legal framework, through informal or violent means. Restoring judicial independence requires a rigorous clarification of institutional roles and a real political will to break the cycle of interference. Without these conditions, the separation of powers remains a theoretical principle disconnected from institutional reality.

Daniel VEILLARD