In this article, Martina Calleja delves into detail on the legal and customary principle of non-refoulement. This principle is explored from an international, EU and Human Rights perspective together as an obligation on a State receiving immigrants. This article shows how the principle of non-refoulement is a safeguard for migrants. Martina Calleja, ‘The Principle of […]
In this article, Frances Camilleri-Cassar studies the possibility and benefits of a right to time in order to address working hour discrepancies between the genders and achieve a more gender-equal legal and actual reality. The rest of the article can be found in Id-Dritt XXIX. Introduction The paper was stimulated by the question of time. […]
In this article, Vincent A. De Gaetano elucidates the meaning and significance of the Rule of Law in the light of international instruments and historical events, and assesses the Maltese legal landscape in this context. Brought to you here are chosen extracts on the advice of the author as an indication of the article’s drift. […]
In this article, Dr Tonio Borg reviews the constitutional provisions privileging the government and public authorities in the context of today’s jurisprudence and legal thinking, offering his thoughts on dubious and antiquated provisions. Tonio Borg, ‘Immunities in favour of Government and Public Authorities in the Maltese Constitution‘ (Online Law Journal, 5 December 2020). General Presumably, […]
In this article, Dr Gianluca Barbieri analyses the issuance of guidelines, explanations or instructions by the Commissioner for Revenue and their consistency with classical Maltese legal theory. Gianluca Barbieri, ‘Is the issuance of guidelines, explanations or instructions by the Commissioner for Revenue consistent with Maltese legal theory?‘ (Online Law Journal, 30 November 2020). By virtue […]
In this article, Andrea Zammit analyses the use of capital punishment and deportation as consequences of and deterrents against criminal offences, with particular focus on the events that unfolded locally during World War II. The rest of the article can be found in Id-Dritt XXX. Andrea Zammit, ‘Pro-Italianism, treason and conspiracy in wartime Malta: A […]
In this article, Ethan Brincat makes the case for an enforceable human right to a healthy environment within Malta’s constitutional framework to complement the increased environmental awareness within contemporary society. The rest of the article can be found in Id-Dritt XXX. In the years following independence and continuing until the present day, the first Maltese […]
In this article, Nathaniel Falzon comparatively discusses different legal frameworks adopted to seek to integrate newly minted ‘nature rights’ in modern society, and assesses their viability on the local field. The rest of the article can be found in Id-Dritt XXX. It is known that in nature there are neither rewards nor punishments, only consequences. […]
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 […]
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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