In this article, Tonio Borg assesses the discrepancies in human rights remedies given by the Constitutional Court, comparing and contrasting different decisions with the written word and spirit of the law. Tonio Borg, ‘In Search of a Remedy: A critical analysis of remedies granted in human rights cases’ (Online Law Journal, 4 September 2020). Human […]

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The perils of positivist thinking in Public law

  • Tonio Borg
  • 16/08/2020
  • 6 min read

In this article, Tonio Borg reviews episodes and trends in the interpretation of our constitutional law that are underscored by the positivist method, highlighting the main dangers this developing approach poses in that field. The rest of the article can be found in Id-Dritt XXX. Tonio Borg, ‘The perils of positivist thinking in Public law’ […]

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In this article, Dr Tonio Borg examines the conflicts, similarities and contrasts between the Constitution and the European Convention on Human Rights. Tonio Borg, ‘The Constitution and the European Convention on Human Rights: conflicts, similarities and contrasts’ (Online Law Journal, 25 July 2020). The juridical relationship in Malta between the Constitution and the European Convention […]

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Juridical Interest in Constitutional Proceedings

  • Tonio Borg
  • 17/02/2017
  • 27 min read

Tonio Borg, ‘Juridical Interest in Constitutional Proceedings’ (Online Law Journal, 17 February 2017). In Maltese procedural law, the juridical interest notion is engrained in our legal system, at least in civil law. In our system, to initiate proceedings and open a case before a court of law, plaintiff or applicant must prove juridical interest which […]

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