343. Established by law.

The requirement that a tribunal be established by law1 covers not only the legal basis for the existence of a tribunal but also the composition of the bench in any given case: it has the purpose of ensuring that the judicial organisation in a democratic society does not depend on the discretion of the executive and is not arbitrary, but should be regulated by law emanating from the legislature, subject to a discretion to make detailed rules by way of delegated legislation