This article by Ryan Caruana was previously submitted as part of CVL1024 and is being published with the author’s permission. It explores the debate between democracy, where political power lies with the people, and technocracy, which prioritizes governance by experts based on technical knowledge. While democracy allows for representation and public participation, technocracy promises efficiency […]
This article by Prisiah Schembri Fava was previously submitted as part of PBL1009 last year and is being published with the author’s permission. A comprehensive analysis of the legal framework surrounding local self-government is provided, particularly focusing on the principles and regulations that delineate the autonomy and responsibilities of local authorities. The research underscores the […]
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 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, 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 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, Jessica-Ann Spiteri delves into the Parliamentary statements, the contextual background, as well as the legal aspects surrounding the recently enacted Cremation Act. Jessica-Ann Spiteri, ‘Bill N. 82 – A Bill to regulate Cremation which lead to Act No. XVII of 2019, known as the Cremation Act’ (Online Law Journal, 11 November 2019). […]
In this article, Dr Caruana de Brincat takes a look at the recently promulgated regulations, which deal with the excavation, demolishing and construction of buildings which are adjacent to, or near the property of third parties. Natalino Caruana de Brincat, ‘Building Regulation Act: A brief overview of the Avoidance of Damage to Third Party Property […]
In this article, Professor Kevin Aquilina takes a look at Bill N.83 of 2018, which is proposing the creation of the Office of State Advocate, and the separation of functions of state prosecutor from those of legal advisor to Government. Kevin Aquilina, ‘The State Advocate Bill No. 83 of 2019: Acting in Breach of Malta’s […]
In this article, Justine Xuereb discusses the Government Lands Act, which deals with the rights and obligations enjoyed by the public over property administered, or expropriated, by the Government. Justine Xuereb, ‘The Government Lands Act 2017: What you need to know…’ (Online Law Journal, 5 March 2019). The Government Lands Act, a piece of legislation […]
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