In this article, Judge Anthony Borg Barthet explores some issues raised in the case instituted by the Hon. Dr. Adrian Delia regarding the concessions of the state hospitals to private investors and the case instituted by Dr. Bernard Grech against the State Advocate in connection with the same. These judgments raise issues of constitutional and […]
In this article Judge Anthony Borg Barthet, publishes the full text of the opinion given by him to the State Advocate in the question of whether the State Advocate can institute or withdraw judicial action on behalf of the state without being tasked to do so by the organ of the executive to which responsibility […]
In this article Prof. Tonio Borg examines the Constitutional Court’s judgments of 18 November 2024 in the XNT and Phoenix cases, which reversed earlier rulings declaring FIAU’s fining powers unconstitutional and introduced a controversial shift in jurisprudence by validating administrative sanctions imposed by non-judicial bodies, so long as an appeal to a court exists. This […]
This article by Leighton John DeMicoli was previously submitted as part of LHM1014 and is being published with the author’s permission. It examines policing in Malta before 1814, when law enforcement powers were fragmented among various officials, often leading to conflicts. Proclamation XXII of 1814, promulgated by Governor Thomas Maitland, introduced a structured police force, […]
This article by Chanelle Abela was previously submitted as part of CRL 1008 and is being published with the author’s permission. It centres around the topic animal abuse, animal welfare and the actions they proceed to take when there is animal abuse linked to intimate partner abuse and other material relating to this topic. Chanelle […]
In this article Prof. Tonio Borg examines the constitutional functions and powers of the office of State Advocate introduced in 2019. In his view it is evident that the idea behind the establishment of this office was to have an autonomous guardian safeguarding the legality of State action in the public interest; and yet in […]
This article by Ryan Caruana was previously submitted as part of ERL 1002 and is being published with the author’s permission. Intergenerational equity (IGE) serves as a cornerstone of environmental justice, highlighting the obligation of the present generation to preserve the environment for the benefit of those to come. Grounded in principles of conserving options, […]
This article by Sarah Pisani was previously submitted as part of MCT2001 and is being published with the author’s permission. The aim of this piece of work is to describe, explain, as well as critically analyse the disciplinary and investigative functions of the Medical Council of Malta. It provides an introduction of the regulatory body […]
This article by Jamie Montebello was previously submitted as part of CVL1024 and is being published with the author’s permission. It examines financial autonomy in marriage, focusing on the role of prenuptial agreements in balancing individual rights and shared financial responsibilities. It explores how these agreements protect personal assets and provide a framework for fair […]
This article by Kurt Zammit was previously submitted as part of CVL1024 and is being published with the author’s permission.The contribution analyses the legal aspects behind the mens rea and actus reus. It highlights the complexities that low mental capacity and mental illness and cognitive decline pose in order to answer the legal question whether […]
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