2. Institutionalised Arbitrariness executive discretion plays a role, it is constrained by law and subject to independent judicial review. Most legal systems, even where administrative stages exist, provide for a second-tier tribunal “established by law”—to uphold the principle of access to justice. In the case of the FTs, these guarantees are wholly absent. As detailed further below, the FTs fail to meet the standard of judicial bodies. They are neither governed by statutory procedure nor provided 46 with any legislative framework to regulate their operation. Their decisions are not subject to any formal appellate process. While judicial review is available in theory, as discussed later (see Chapter 5), this mechanism is inconsistent, limited, and often ineffective. Moreover, the FTs themselves remain structurally embedded within the executive apparatus. Their members are appointed and supervised by the executive; their procedures are not governed by law; and there is no independent oversight mechanism. This entanglement undermines any presumption of impartiality or legal accountability.