Court Watch
feared would be a constitutional crisis. The Constitution of the Maldives requires that a new president be elected before the former president can step down. The Con- stitution also requires that a new president be elected by November 11. Here, the continuing postponements presented a significant problem by causing these two requirements to conflict. By remaining in office, Waheed complied with the first requirement but violated the sec- ond. In the alternative, had Waheed stepped down on November 11, 2013, he would have violated the first re- quirement but complied with the second.
Additionally, the delays raised serious concerns about a threat to democracy in the Maldives. Specifically, Nasheed voiced concerns that Waheed was intention- ally obstructing elections as a political ploy to remain in power. Because the Maldives has only been a democ- racy since 2008, further delays in electing a president could have substantially undermined progress towards maintaining a democratic system.
President Yameen appears to be aware of these con- cerns, and has already taken steps towards ensuring that the people of the Maldives are heard. On his first day in office, Yameen replaced six cabinet members. He then told them that “[t]he top most priority of the gov- ernment should be to implement the manifesto of the coalition parties within the constitution so the people will begin to reap its benefits soon.”
Because President Yameen’s term is so new, it remains to be seen whether the delayed elections have left any lasting impact in the Maldives. It is unclear what the political or domestic situation would have been had the run-off election been postponed again. It is unclear whether President Yameen’s relationship to former dic- tator Gayoom will have any affect on any new policies Yameen may implement. If the relationship does affect Yameen’s decisionmaking in the presidential capacity, then the appointment of the new cabinet members may have additional significance. Completion of elections is undoubtedly a step in the right direction for the continu- ation of democracy in the Maldives, but the international community should keep an eye on the Maldives.
* Submitted by Rachel Catlett . ILSA Quarterly » volume 22 » issue 2 » December 2013
Summer in
May 13-June 10, 2014 Paris | Arcachon
Muslim World
Taught by Prof. Adrien Wing Bessie Dutton Murray
Distinguished Professor of Law
Humanitarian Law Taught by
Marcella David,
UI Prof of Law & Int’l Studies & Associate Dean
International Law in the
France
Introduction to the Law of France
Taught by Michael Amado Avocat a la Cour,
Amado-Cabinet D’Avocats, Paris 11
For details, contact Program Director, Prof. Adrien Wing at
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Program in International & Comparative Law
www.law.uiowa.edu/academics/arcachon
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