This is your Last Resort! The GħSL academic committee constantly thinks of new, innovative ideas in order to push the boundaries of legal study outside the classroom. We are firm believers that the best form of learning is by doing, and moot courts are a great practical exercise in order to give students an edge […]
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, 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, 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. […]
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, 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 […]
Matthew Charles Zammit, ‘The Dieudonne Case: An Examination on the Limits of Satire and Speech under the European Convention on Human Rights’ (Online Law Journal, 15 November 2016). The fine line between what’s acceptable and what is not under the remits of ‘Free Speech’ is a continuous social, political, and legal battle on both the […]
Giovanni Bonello, ‘Malta’s Debts to the European Court of Human Rights’ (Online Law Journal, 26 February 2015). The achievements of the European Court of Human Rights (herein also referred as the ‘ECtHR’) are usually stealthy and unassertive; rarely loud, attention-seeking or ostentatious. Individually, they often tend to pass unobserved; cumulatively they have revolutionized the fate […]
Giovanni Bonello, ‘Bribery and Genocide: The Same?’ (Online Law Journal, 23 December 2014). I am pleased to note that the Government has announced new measures to fight corruption. Legislation ‘to remove the applicability of prescription to the offence of corruption’ committed by a Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local […]
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