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). […]
In this article, Danika Cutajar analyses the inconsistencies and anachronisms of the legal regime regulating the building and construction industry due to conflicting public and civil law regimes. It is an abridged version of the author’s LL.B. (Hons.) dissertation and reflects the legal position obtaining at 30th August 2022. Danika Cutajar, ‘Practical Failures in Maltese […]
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 […]
In this article, Dr Gianluca Barbieri analyses the issuance of guidelines, explanations or instructions by the Commissioner for Revenue and their consistency with classical Maltese legal theory. Gianluca Barbieri, ‘Is the issuance of guidelines, explanations or instructions by the Commissioner for Revenue consistent with Maltese legal theory?‘ (Online Law Journal, 30 November 2020). By virtue […]
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’ […]
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