In this article, Ryan Caruana purports to analyse the ranking of creditors in insolvency proceedings under Maltese Law with particular reference to the tension that exists between the principle of creditor equality and lawful causes of preferences. The author delves into the aforementioned principle and lawful causes. Afterwards, he examines the limitations of creditor equality […]
In this article, Jaylee Vella aims to examine whether Artificial Intelligence (AI) could be held liable should an AI entity accomplish criminal activities. The author examines the components which give rise to a criminal action. Afterwards, she analyses the mental element of a crime, known as the mens rea, in regards to AI through an […]
In this article, Adriana Zammit examines how Malta’s legal system is influenced by many different factors, including religion. Even though the law today recognises both civil and Catholic marriages, other religious traditions like Islam still have a strong influence on how some people in Malta experience marriage, even if those ceremonies are not legally recognised. […]
In this article, Jacob Gatt analyses the relevant procedural grounds in a human rights case in Malta, which led to the unjustifiable outcome of the individual not having full access to remedial action. The article begins by examining the notion of juridical interest. Afterwards, it addresses how ordinary remedies are exhausted and analyses the reference […]
In this article, Omar Rababah examines the role of minor witnesses within the Maltese law of evidence through two landmark criminal cases: Regina vs Giuseppe Attard and Giuseppe Chetcuti (1862) and Regina vs Aloysia and Emmanuel Camilleri (1961). Both cases involved wilful homicide, multiple accused, and death sentences, though only the former was carried out. […]
In this article, Aleysia Saliba examines the Academy for Disciplined Forces Act, which establishes the Academy for Disciplined Forces Board and the Academic Committee. The Board is the Academy’s highest governing body, composed of representatives from the disciplined forces and major educational institutions. Its statutory functions focus on strategic leadership, resource management, academic oversight and quality assurance. […]
In this article, Martina Sammut examines how Multilateral Environmental Agreements (MEAs) contribute to achieving selected Sustainable Development Goals (SDGs), focusing on SDG 13 (Climate Action), SDG 14 (Life Below Water), and SDG 15 (Life on Land). While the SDGs under the 2030 Agenda are non-binding, MEAs provide legally binding frameworks that translate these global goals into concrete […]
In this article, Abigail-Marie Farrugia examines the role of the Medical Council of Malta (MCM) as a regulatory body responsible for maintaining professional standards among healthcare practitioners. It focuses on the Council’s dual investigative and disciplinary functions, which have raised concerns about impartiality and fairness. Central to the discussion is the case Spiteri Dottor Stephen v Kunsill Mediku, […]
In this article, Dr. Sarah Demicoli examines how global legal systems are shifting from viewing environmental harm as a policy issue to a matter of strict legal responsibility. Driven by the accelerating climate crisis, this ‘new legal order’ is emerging through an increased focus on human rights, where the European Court of Human Rights is holding states […]
In this article, Zacharias Micallef discusses the definition of mental capacity under the Mental Health Act as the ability and competence to make independent decisions and assume responsibility of oneself. Whilst this definition does not outline the inabilities related to mental incapacity, it aids to distinguish mental incapacity from mental illness, and thus, indirectly expresses that people […]
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