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 […]
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 […]
Copyright © 2022 All rights reserved by GħSL - Għaqda Studenti tal-Liġi. Built by Luigi Rizzo - Design & Photography.