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, Giuseppe Gatt explores the ethical dimension of personality in relation to the foetus and the legitimacy or otherwise of abortion. Cite as: Giuseppe Gatt, […]
This article reproduces the text of three speeches on administrative law delivered at the book launch of Dr Tonio Borg’s book titled Maltese Administrative Law, held at the Chamber of Advocates Conference Hall on the 10 November 2021. They are being reproduced in the Online Law Journal as a matter of public record. In order […]
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, Andrew Sciberras examines the retiring age of the judiciary, offering his thoughts as to why members of the bench should be afforded a more distant retirement age than 65 or 68. Andrew Sciberras, ‘Retiring age of the Judiciary in Malta’ (Online Law Journal, 4 June 2021). In Malta all members of the […]
In this article, Matthew Zammit examines the activism of the Court of Justice of the European Union to highlight its role in developing the EU’s legal order, primarily through the preliminary reference procedure. Matthew Zammit, ‘The growing legal remit of the European Union via the functioning of the European Court of Justice’ (Online Law Journal, […]
In this article, Dr Tonio Borg discusses Maltese and European Court of Human Rights case-law on pre-trial publicity, and when this can threaten the eventual accused’s presumption of innocence in criminal proceedings. It is a transcript of the author’s keynote speech in the annual Policy Conference organised by GħSL on Friday 16 April 2021, reproduced […]
In this article, Elizabeth-Mary Quintano analyses the interpretation of the Maltese Criminal Code provisions on misappropriation, and the grounds and elements required for this crime to subsist. Elizabeth-Mary Quintano, ‘Misappropriation in the case law of the Maltese Courts’ (Online Law Journal, 3 April 2021). Introduction The crime of misappropriation is regulated by Sections 293 and […]
In this article, Eliza Borg Rizzo reviews the development of international space law and analyses its shortcomings, pointing out lacunae and points for future improvement. The rest of the article can be found in Id-Dritt XXIX. Eliza Borg RIzzo, ‘Il-Liġi Spazjali: Il-passat, il-preżent u l-futur’ (Online Law Journal, 28 March 2021). Daħla 1.1 L-Istorja Il-miti […]
In this article, Martina Calleja delves into detail on the legal and customary principle of non-refoulement. This principle is explored from an international, EU and Human Rights perspective together as an obligation on a State receiving immigrants. This article shows how the principle of non-refoulement is a safeguard for migrants. Martina Calleja, ‘The Principle of […]
In this article, Frances Camilleri-Cassar studies the possibility and benefits of a right to time in order to address working hour discrepancies between the genders and achieve a more gender-equal legal and actual reality. The rest of the article can be found in Id-Dritt XXIX. Introduction The paper was stimulated by the question of time. […]
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