In this article, Graziella Schembri elaborates on the various procedural obstacles that an aggrieved individual may face when seeking an appropriate remedy to a violation of his human rights. Graziella Schembri, ‘Procedural pitfalls in filing a human rights case in Malta and before the European Court of Human Rights (Online Law Journal, 2 September 2023). […]
This article is a detailed version of a chapter in the author’s LL.B. (Honours) dissertation. In it, Graziella Schembri discusses the breaches of several human rights as a result of Belarus’s imposition of the capital punishment. Graziella Schembri, ‘The Death Penalty in Belarus’ (Online Law Journal, 19 August 2023). ‘Belarus is currently the only country […]
In this article, Miguel Cauchi discusses the recent case of Charles Falzon vs Planning Authority and its relevance to the general issue of solar rights in Malta. Miguel Cauchi, ‘Climate change mitigation as a consideration in the determination of an application for development permission’ (Online Law Journal, 20 May 2023). To operate effectively, solar panels […]
This article is a reproduction of a lecture on administrative law delivered by John Stanton at the University of Malta on the 14th February 2023. In it, he examines the ground of judicial review known as ‘abuse of power’ as developed and applied in English Common Law. John Stanton, ‘Abuse of power as a ground […]
In this article, Danika Cutajar analyses the inconsistencies and anachronisms of the legal regime regulating the building and construction industry due to conflicting public and civil law regimes. It is an abridged version of the author’s LL.B. (Hons.) dissertation and reflects the legal position obtaining at 30th August 2022. Danika Cutajar, ‘Practical Failures in Maltese […]
This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Laura Chetcuti Dimech explores the application of the right of habeas corpus from an international law perspective and the enforcement issues this gives rise […]
This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Thomas Cilia presents the two doctrines of legal monism and dualism in international law and explores their validity in today’s legal world. Thomas Cilia, […]
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, Andrew Sciberras speculates on potential issues that could arise upon the redemption of a perpetual emphyteusis which have rarely been the subject of court judgments. Andrew Sciberras, ‘Issues Surrounding the Redemption of a Perpetual Emphyteusis’ (Online Law Journal, 9 April 2022). 1. Introduction The institute of emphyteusis is one of the remnants […]
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 […]
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