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 […]
In this article, Prof Frances Camilleri-Cassar gives a direct insight into Malta’s leave policies through unravelling reactions and experiences of a purposive sample of graduate women. The rest of the article can be found in id-Dritt XXX. 1. Introduction How much do leave policies in Malta assume that men and women both need time to […]
In this article, Ethan Brincat examines how the COVID-19 pandemic, and the Public Health measures brought on by said pandemic, have affected the workload of Maltese notaries, and more specifically, how the procedure regulating wills has also been affected. Ethan Brincat, ‘Making a will during the COVID-19 pandemic’ (Online Law Journal, 7 May 2020). The […]
In this article, Dr Ariane Aquilina analyses the Five Freedoms and Five Domains in the Maltese Animal Welfare Act. The rest of the article can be found in id-Dritt XXX. The Five Freedoms and the Five Domains in the Animal Welfare Act – are they covered? The Animal Welfare Act does not specifically mention the […]