Suchergebnisse

An Introduction to the Law of Education is President Emeritus Ugo Mifsud Bonnici's latest introductory monograph on a specific branch of Maltese Law - the Law of Education. His previous books in this series include: An Introduction to Cultural Heritage Law, published in 2008 by Midsea Books and An Introduction to Comparative Law published earlier in 2004 by Malta University Press. He has also written various other scholarly works which are studied by students at the Faculty of Laws such as the authoritative ll-Manwal tal-President ("The President's Manual") written while Dr Mifsud Bonnici served as President of Malta, and Kif Sirna Repubblika ("How We Became a Republic") published in 1999 which both provide an insightful account of the post-independence development of constitutional law. In his career, President Emeritus Dr Mifsud Bonnici has been inextricably associated with education not only through his various academic and popular writings on the subject, but also because as a seasoned politician he has always covered the sector of education both as Shadow Minister for Education between 1972 and 1987, and Education Minister from 1987 till 1994. A number of the matters referred to in the book being reviewed are known to him, di scienza propria, as a painstaking researcher and eminent scholar, and because of his past political activism. Although President Emeritus Dr Mifsud Bonnici has authored excellent books on Maltese cultural heritage law, comparative law and others, I would hazard a guess and state that this latest book on the law of education is probably the one he cherishes most, given that during his eminent political career, he has lived and been inseparably linked to this subject; so much so that his name is synonymous to education. He now fascinatingly narrates all this in his latest oeuvre. His knowledge of the subject is not only comprehensive, but also personal. He has been directly involved as a key protagonist in the drafting, making and unfolding of the law on the subject in question. This places him in a very advantageous situation when compared to other writers, more so that he has authored the Education Act 1988 himself and was directly involved in its promulgation, in different areas of education such as University, primary schools, secondary schools, etc. These experiences assisted him in providing the reader with certain facts which he was directly privy to due to the various offices he has occupied in his very successful political career. This added value that the author brings in writing this volume and makes this contribution more interesting to read and more revealing of the actual reasoning behind the provisions of the Education Act, 1988 and as subsequently amended. The insight which he provides in the development of the law of education is therefore original and provides more information than one would normally find in a government file or any other primary historical source. In this respect, to a certain extent, this book can be viewed as the first attempt by President Emeritus Dr Ugo Mifsud Bonnici at writing an autobiography. This is undoubtedly, the added value of this book. ; peer-reviewed

This article analyses the case law of the European Court of Human Rights relating to Parliamentary removal of a judge. The Court's earlier approach did not extend the right to a fair trial to judicial removal motions before the Maltese unicameral House of Representatives. The Court's latest case law has reversed its earlier interpretation with all the attendant consequential implications brought about for Malta which now has to amend its Constitution on the subject. This novel landmark interpretation implies that should Parliament attempt to remove a judge, that constitutional procedure will fall foul of the right to a fair trial.

This paper provides a study of the new law on divorce from a public law perspective; it identifies a number of issues which are worth analysing from the point of view of Constitutional Law and Administrative Law. These comprise the obligatory referendum mechanism, the relevance of the Interpretation Act1 to the making of regulations under the divorce law, the formulation of a Henry VIII clause empowering the Prime Minister to amend primary legislation through subsidiary law, the administrative law issue of continuing to task mediators with non-mediation functions, that is, to act as conciliators, the lack of a definition of key terms such as 'domicile' and 'ordinary residence' and, generally, the drafting style of the divorce law, dedicating particular attention to its very first provision. The author will argue that the divorce law could have been a better product from a legislative point of view if certain improvements suggested in this paper were incorporated therein. ; peer-reviewed

This paper discusses European Union Directive 2010/45/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation. At the outset, the organ transplantation directive is introduced in the light of Maltese Medical Law regulating organ donation and transplantation. Next, the European Union's legislative authority for adopting this Directive is set out. The salient innovative and pioneering features of the organ transplantation Directive are then briefly explained. As this Directive has to be transposed by Malta not later than 27 August 2012, the implications for transposition are considered so as to assist the Maltese authorities at identifying those measures which have to be addressed by them in the Directive's transposition and subsequent implementation. This is because transposition requires not only the adoption of the Directive's provisions into Maltese Law but also the taking of several other measures by the State of Malta and the competent authority to be designated for the implementation of the Directive at national level. The paper then considers certain unaddressed and unresolved matters in the Directive and concludes by making recommendations for adoption by the State of Malta in the transposition and implementation of the Directive on organ donation and transplantation stages into Maltese Law. ; peer-reviewed

When I came to choose the topic of this oration I was advised to select a theme which would be relevant to an audience of law and theology graduands. Of course, there are diverse aspects where law and theology converge. I still remember those days where as a law student I studied Philosophy of Law and came across the great contribution which theologians such as St. Augustine of Hippo and St. Thomas Aquinas gave to the development of law. So the topic of this oration contains both theological and legal elements: it concerns respect for human dignity and law. There is no doubt that the Catholic Church's teachings on human dignity have been a catalyst for the development of law in this area. In this Oration, I will reflect upon two main points: the contribution of the Catholic Church's myriad teachings on human dignity and how the latter concept has been adopted as an essential feature of law - whether national, regional or international. ; N/A

Aquilina delves into Malta's legal system- providing information about past Maltese judges as well as details about the Maltese Constitution of 1964. His main focus, however, is the process of judicial appointments in Malta throughout history. ; N/A

The Environment and Development Planning Bill will codify, with amendments, the Environment Protection Act and the Development Planning Act into one law. This paper studies this Bill from the perspective of development planning legislation. It sets out the contribution this Bill will make to Administrative Law, Human Rights Law and the Law of Procedure. In certain respects, the Bill introduces novel concepts aimed at strengthening transparency and accountability in the workings of the Malta Environment and Planning Authority (MEPA). In places, the Bill does not go far in strengthening democracy in the development planning process. The paper thus suggests how the Bill can provide for a better application of the constitutional doctrine of the separation of powers, and for the human right of a fair hearing before an independent and impartial tribunal, whilst guaranteeing the institutional autonomy of MEPA from governmental interference in policy making and decision making. ; peer-reviewed

This paper provides a brief outline of the legislative development of first and second generation human rights and fundamental freedoms from the British period to post-independent Malta, with particular focus on the period 1953 to 2008. Human rights and fundamental freedoms as we know them today have been codified after WW H. Since then various declarations and conventions incorporating human rights and fundamental freedoms have come to the fore on an international, regional and national level. The UN Universal Declaration of Human Rights of 10 December 1948 and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 - the first soft law and the second hard law immediately come to mind. Nevertheless, in so far as Malta is concerned, we can trace our human rights history back to the Declaration of Rights of the Inhabitants of the Islands of Malta and Gozo of 15 June 1802 - a declaration which is reminiscent of similar declarations proclaimed during the late eighteenth century such as the American Bill of Rights of 25 September 1789 and the French Declaration des Droits de l'Homme et du Citoyen of 26 August 1789 and, very much earlier, the English Magna Carta of 15 June 1215. What is of historical relevance of the 1802 Maltese Declaration is that it was drawn up by the Maltese themselves - it was our first autochthonous human rights instrument which was not granted to us by a foreign colonial power who ruled Malta over time as were subsequent instruments such as the human rights and fundamental freedoms provisions in the 1959 Maltese Constitution, the 1961 Blood Constitution and the current 1964 Constitution of Malta, all three Constitutions being handed down to the Maltese by the sovereign British colonial ruler. ; peer-reviewed

Act No. V of 1991, the Environment Protection Act, recognises in section 2 thereof future generations so much so that it imposes certain burdens therein defined on the Government of Malta to safeguard the interests of future generations. Although the Government of Malta has to fulfil certain duties, no adequate machinery is set up by Act No. V of 1991 to provide for safeguarding the interests of future generations. Future generations, like animals, cannot defend their interests at the present moment in time for they lack the necessary structures to do so. Indeed, Maltese Law does not impose any obligation on present generations to bequeath to future generations a healthy environment. Again, future generations, due to their physical inexistence, cannot protect or safeguard their interests by, say, instituting court proceedings against the Government of Malta or any individual whomsoever it may be who may be contravening their right to a healthy environment. In the same way that animals cannot put pressure on the government of the day to enact into Maltese Law the Universal Declaration of Animal Rights, future generations presently have no vote to cast so as to induce political parties to formulate and implement a charter of intergenerational rights of humankind into Maltese law when in government. Contrary to Act V of 1991 which leaves the matter in suspended animation, I intend to show that it is possible to create legal structures to enforce and safeguard the right of future generations to a healthy environment, and I shall do so by exploring five different ways of attaining such a goal. ; peer-reviewed

The scope of this essay is limited to an examination of Maltese Maritime Law relating to the prevention, reduction and control of marine pollution. Indeed, this essay does not embrace the protection of the marine environment in its totality as this would include appraising other provisions of the Maltese legal system, such as those relating to the establishment and management of marine nature reserves, fishing zones, illegal methods of fishing, exploitation of the natural resources of the sea, emission of dark smoke from vessles, etc. Such a study, commendable as it may be, does not fall within the ambit of this essay and can easily be dealt with in other seperate studies without in any way adversely affecting the subject matter of this essay. ; peer-reviewed