In this article, Andrea Zammit analyses the use of capital punishment and deportation as consequences of and deterrents against criminal offences, with particular focus on the events that unfolded locally during World War II. The rest of the article can be found in Id-Dritt XXX. Andrea Zammit, ‘Pro-Italianism, treason and conspiracy in wartime Malta: A […]
In this article, Ethan Brincat makes the case for an enforceable human right to a healthy environment within Malta’s constitutional framework to complement the increased environmental awareness within contemporary society. The rest of the article can be found in Id-Dritt XXX. In the years following independence and continuing until the present day, the first Maltese […]
In this article, Nathaniel Falzon comparatively discusses different legal frameworks adopted to seek to integrate newly minted ‘nature rights’ in modern society, and assesses their viability on the local field. The rest of the article can be found in Id-Dritt XXX. It is known that in nature there are neither rewards nor punishments, only consequences. […]
In this article, Tonio Borg assesses the discrepancies in human rights remedies given by the Constitutional Court, comparing and contrasting different decisions with the written word and spirit of the law. Tonio Borg, ‘In Search of a Remedy: A critical analysis of remedies granted in human rights cases’ (Online Law Journal, 4 September 2020). Human […]
In this article, Tonio Borg reviews episodes and trends in the interpretation of our constitutional law that are underscored by the positivist method, highlighting the main dangers this developing approach poses in that field. The rest of the article can be found in Id-Dritt XXX. Tonio Borg, ‘The perils of positivist thinking in Public law’ […]
In this article, Notary Dr Carmelo Gafá and Dr Daniele Gafá evaluate the effectiveness of the ‘last habitual residence of the deceased’ criterion at homogenising conflict of law rules within the EU. The rest of the article can be found in Id-Dritt XXX. Carmelo Gafa’, Daniele Gafa’, ‘The merits or otherwise of the selection of […]
In this article, Dr Tonio Borg examines the conflicts, similarities and contrasts between the Constitution and the European Convention on Human Rights. Tonio Borg, ‘The Constitution and the European Convention on Human Rights: conflicts, similarities and contrasts’ (Online Law Journal, 25 July 2020). The juridical relationship in Malta between the Constitution and the European Convention […]
In this article, Dr Luke Mizzi and Emma-Marie Sammut analyse the situations allowing for the lifting of the corporate veil. The rest of the article can be found in Id-Dritt XXX. Introduction Good corporate governance is a fundamental pillar of company law. There are several mechanisms in place to ensure that those entrusted with the […]
In this article, Consuelo Scerri Herrera reviews the powers and duties of the inquiring magistrate under the law of criminal procedure. The rest of the article can be found in Id-Dritt XXIX. Consuelo Scerri Herrera, ‘The Inquiring Magistrate’ (Online Law Journal, 3 July 2020). Introduction The Inquiring Magistrate only formed part of the Maltese Judiciary […]
In this article, Dr Kathleen Vella will analyse the definitions of genocide and crimes against humanity, provide a brief contextual introduction to ISIS and the atrocities it has committed against the Yazidis. She will also examine the legal challenges in prosecuting perpetrators and propose the best forum wherein the perpetrators acting on behalf of ISIS […]
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