Study-Unit Description

Study-Unit Description


CODE LAS2013

 
TITLE The Constitution of Malta and Human Rights

 
UM LEVEL H - Higher Level

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Centre for the Liberal Arts and Sciences

 
DESCRIPTION The Unit will cover the basic theories on Constitutional Law concentrating on the doctrines of the Separation of Powers, the Rule of Law and the Supremacy of the Constitution. Attention will be given on how the principles of democratic governance are incorporated in the Constitution of Malta through the particular application of the doctrines mentioned above. Importance is to be given to the protections given by the Constitution of Malta to fundamental human rights. A general review of the Constitutional functions of the Parliament of Malta, the executive and the judiciary are described within the Constitution of Malta. The role of the President of Malta as Head of State will be dealt with in the context of a general comparison with Constitutional systems such as that of the united States of America in which the President carries out also an executive role. This Unit will also view the general principles of the electoral system as defined by the Constitution of Malta in the context of past electoral results.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the Unit the student will be able to:
- Describe the relationship between democratic governance and the Constitution of Malta;
- Understand how the three organs of the state, the legislature, the executive and the judiciary interact;
- Understand by reference to general judicial interpretations by the Constitutional Court of Malta the central role played by fundamental human rights in the Constitution of Malta.

2. Skills:

By the end of the Unit the student will be able to:
- Render by reference to the Constitution of Malta the interaction between democratic principles and the system of government setup by the Constitution;
- Acquire a holistic perspective of the Maltese system of government;
- Work out the interaction between the Constitution of Malta Supreme Law and Ordinary Laws of Malta;
- Identify those characteristics within our Constitution which distinguish it in general principles from other Constitutional models.

Main Text/s and any supplementary readings:

Selected Bibliography:

- O. Hood Phillips & Jackson "Constitutional and Administrative Law" 8th Edition.
- John M. McEldowney "Public Law" 3rd Edition.
- Hilaire Barnett "Constitutional and Administrative" 4th Edition.
- Andrew Le Sueur, Javan Herberg & Rosalind English "Principles of Public Law" 2nd Edition.
- Thompson Sweet & Maxwell "Public Law and Human Rights 2002/3".
- Barbara Mensah "European Human Rights Case Summaries".
- J. J. Cremona "Malta and Britain The Early Constitutions".
- J. J. Cremona "The Maltese Constitution and Constitutional History Since 1813" 2nd Edition.
- Faculty of Laws, University of Malta "Mediterranean Journal of Human Rights".
- Superior Courts "The Collection of Malta Decided Cases".

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S Austin Bencini

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit