In this article, Tonio Borg discusses the recent Insignia case and its ramifications on the rule of exhaustion of ordinary remedies in constitutional proceedings challenging the validity of a law. Tonio Borg, ‘The Insignia Case and its Aftermath’ (Online Law Journal, 22 October 2022). 1. Introduction It all began with the Insignia case.[1] In that […]
In this article, Tonio Borg comments on two recent judgments that accepted a wider notion of juridical interest in public law actions, and what this may mean for the future. Cite as: Tonio Borg, ‘Juridical Interest Redefined?’ (Online Law Journal, 12 March 2022). Introduction Two landmark judgments have been delivered by our courts which can […]
In this article, Dr Tonio Borg reviews and analyses the case-law of the Maltese Courts on statements given to the police without lawyer assistance, as a potential exception to the ‘no forbidden fruit theory’ recognised by Maltese Law. Tonio Borg, ‘The Validity of Statements made in Police Detention without Lawyer Assistance’ (Online Law Journal, 13 […]
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, 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, 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 […]
In this article, Professor Kevin Aquilina takes a look at Bill N.83 of 2018, which is proposing the creation of the Office of State Advocate, and the separation of functions of state prosecutor from those of legal advisor to Government. Kevin Aquilina, ‘The State Advocate Bill No. 83 of 2019: Acting in Breach of Malta’s […]
In this article, Ethan Brincat discusses two pieces of legislation, Act IV of 2018 and Act XXII of 2018. Brincat discusses both the immediate changes brought by these legal acts, as well as the consequential aspect, and the context in which these changes were brought. Ethan Brincat, ‘The 2018 Constitutional Amendments’ (Online Law Journal, 25 […]
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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