Although the Constitution of Malta is the supreme law of the land, yet, in practice, the three principal organs of the state – the legislature, executive and judiciary – have, in certain respects exemplified in this article, tended to close their eyes to the provisions of the supreme law of the land to such an extent that legislation, government action and judicial pronouncements have breached the basic law. Without attempting to be all-inclusive, the article discusses a few illustrations where this has been the case and reflects upon this institutional behaviour where the Constitution is not upheld as the supreme law of Malta but is instead derided and disparaged. Consequently, fundamental principles of state governance such as the tenets of a democratic society and the rule of law end up being threatened and imperilled by those same institutions which are called upon to respect them. Nevertheless, the Constitution proclaims itself supreme over any other law and the organs it establishes, including the three principal organs of the state which are assaulting it, and embodies within its fold the rule of law which at the current state of play is passing through a critical phase in the state of Malta.

At first glance, the adventure of restorative justice (RJ) in Belgium can be considered a real success story. At the turn of the 21st century, programmes oriented towards this justice model officially determined the criminal justice agenda. What were the key ideas that led to the conceptualisation of restorative justice in Belgium? Who were the main actors and agencies that carried them out? What were the main issues that led to the institutionalisation of restorative justice? What are the effects of its implementation on the Belgian criminal justice system in general? This article strives to present the main findings of a study on the basis of an extensive data collection effort and analysis targeting discourses and practices created by actors from the Belgian academic, scientific, political, administrative, social work and judicial spheres from the 1980s to 2015.

This article introduces an in-prison restorative justice programme: the second-generation Sycamore Tree Project (STP-2). The programme brings together crime victims and unrelated offenders in a prison setting to discuss and address the harm of crime to their lives. In the first part of the article, description is given to how STP-2 has evolved in Australia from a ‘faith-based’ programme to one that is restorative. In the second part, three anthropological theories are used to provide explanation and prediction of the transformative effects of in-prison restorative justice programming on prisoners as informed by STP-2. The prisoner-participant is viewed as a ‘person’ who, in liminal conditions, is afforded agency to create a meaningful narrative that is directed to revising how one is to associate with others in morally acceptable ways. The article concludes with a comparison between STP-1 and STP-2, and some proposals for research beyond this theoretical excursion.

Restorative justice practices are applied only to the margins of criminal justice systems. These systems generally punish the wrongdoer in order to give him his ‘just desert’. For restorative justice to be more attractive, we need to understand why punitive retribution is such a powerful motive. If the scales of justice are out of balance because of suffering inflicted (to the offended), why would the infliction of more suffering (to the offender) bring redemption? It is argued that much of the sting of being harmed by an offender derives from the identity implications of the act. Punitive retribution may satisfy short-lasting vindictive desires, but its main symbolic function is to restore the victim’s self-image and dignity by humiliating the perpetrator. This is done in a notoriously indirect and ineffective way, though. It is argued that restorative justice can do much better, if it is understood in terms of empowering the offended. This involves procedures that restore the victim’s autonomy, prestige and self-confidence. Apart from bringing the offended back into the driver’s seat of the process, restorative justice empowers the survivors of crime by helping them face offenders, face themselves and face their community. Restorative justice is not only much more rewarding than punitive retribution, it also provides better ways of communicating personal and public disapproval of crime.

This study uses a Jerusalem-based restorative justice programme as a case study to characterise community restorative justice (CRJ) conferences. On the basis of the Criminal Law Taxonomy, an analytical instrument that includes seventeen measurable characteristics, it examines the procedural elements of the conferences, their content, goals and the role of participants. The analysis uncovers an unprecedented multiplicity of conference characteristics, including the level of flexibility, the existence of victim-offender dialogue, the involvement of the community and a focus on rehabilitative, future-oriented outcomes. The findings offer new insights regarding the theory and practice of CRJ and the gaps between the two.

This article introduces a mentoring programme for justice-involved youth that utilises the unique and often overlooked resources offered by adults with a history of incarceration, and the innovative training model that aims to promote secondary desistance and restorative justice among the mentors. An examination of the generative role of peer mentoring and its overlap with restorative justice as a healing process that provides opportunities for offenders to make indirect amends that contribute to the social rehabilitation of their communities is presented. An overview of the history and anticipated aims of mentoring programmes for justice-involved youth is provided, followed by a discussion of the importance of secondary desistance in peer mentoring programmes and a review of the elements, conceptual underpinnings and anticipated benefits of the training programme for the mentors. The training programme is argued to offer approaches that support the primary and secondary desistance-orientated changes and the reparative work needed within the mentor.

The countries of the former Yugoslavia have in past decades failed to fully meet both the challenges of the socio-economic environment and of the full-fledged functioning of the rule of law and the protection of human rights. Their development was in the first decade halted by the inter-ethnic wars, while in the second decade their institutions have been hijacked by various populist interest groups. All the countries of the former Yugoslavia have been so far facing a constant crisis of liberal democratic institutions of the modern state, based on the rule of law. Only a small number of them have decided to accept effective measures to break away from such crises. In order to present the problems of the newly established democracies in the former Yugoslavia, this article presents and analyses the contributions of the European Court of Human Rights to establishing the rule of law and effective human rights protection in Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia. In the closing part of the article, conclusions are drawn on how those countries should proceed to internalize the values of human rights protections in liberal democracies.