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 […]

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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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Matthew Charles Zammit, ‘The Dieudonne Case: An Examination on the Limits of Satire and Speech under the European Convention on Human Rights’ (Online Law Journal, 15 November 2016). The fine line between what’s acceptable and what is not under the remits of ‘Free Speech’ is a continuous social, political, and legal battle on both the […]

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Malta’s Debts to the European Court of Human Rights

  • Giovanni Bonello
  • 26/02/2015
  • 12 min read

Giovanni Bonello, ‘Malta’s Debts to the European Court of Human Rights’ (Online Law Journal, 26 February 2015). The achievements of the European Court of Human Rights (herein also referred as the ‘ECtHR’) are usually stealthy and unassertive; rarely loud, attention-seeking or ostentatious. Individually, they often tend to pass unobserved; cumulatively they have revolutionized the fate […]

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Bribery and Genocide: The Same?

  • Giovanni Bonello
  • 23/12/2014
  • 6 min read

Giovanni Bonello, ‘Bribery and Genocide: The Same?’ (Online Law Journal, 23 December 2014). I am pleased to note that the Government has announced new measures to fight corruption. Legislation ‘to remove the applicability of prescription to the offence of corruption’ committed by a Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local […]

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The Presumption of Innocence: A second look

  • Giuseppe Mifsud Bonnici
  • 22/12/2014
  • 19 min read

Giuseppe Mifsud Bonnici, ‘The Presumption of Innocence: A second look’ (Online Law Journal, 22 December 2014). In 1997, I had a first look at the jurisprudence1 of the European Court of Human Rights and I published a monograph entitled The Presumption of Innocence on the matter in the Mediterranean Journal of Human Rights.2 On examining […]

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Dr Cedric Mifsud vs L-Avukat Ġenerali

  • Michelle Camilleri
  • 22/12/2014
  • 7 min read

Michelle Camilleri, ‘Dr Cedric Mifsud vs L-Avukat Ġenerali’ (Online Law Journal, 22 December 2014). FACTS Plaintiffs (Bezzina) were the owners of a house in Gharghur. The property was given to defendants (Azzopardi) under title of temporary emphyteusis which expired in August 1991. It was subsequently converted into a lease as per article 12(2) of Chapter […]

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Gianella Farrugia, ‘Murder by Omission: Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et’ (Online Law Journal, 22 December 2014). Conċetta Decelis u Jason Decelis vs Il-Ministru tal-Ġustizzja et1 The following case deals with the proceedings held in front of the Civil Court First Hall in its Constitutional Jurisdiction following a claim by Conċetta Decelis […]

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Human Rights Feature

  • Michelle Camilleri
  • 22/12/2014
  • 10 min read

Michelle Camilleri and Gianella Farrugia, ‘Human Rights Feature’ (Online Law Journal, 22 December 2014). Micallef v. Malta (2009)1 In this case, the applicant Mr Micallef applied on behalf of his deceased sister alleging that she had been denied a fair hearing because of her lack of opportunity to make submissions before an independent and impartial […]

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Gender Identity Issues in Maltese Law

  • Chris Bergedahl
  • 22/12/2014
  • 28 min read

Chris Bergedahl, ‘Gender Identity Issues in Maltese Law’ (Online Law Journal, 22 December 2014). INTRODUCTION Of all the current legal and political controversies that have topped the headlines in recent times, lesbian, gay, bisexual, and transsexual (collectively referred to as ‘LGBT’) rights have been particularly prominent. The late 2000s and early 2010s have seen a […]

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