| CODE | PBL5004 | ||||||
| TITLE | Due Process under Maltese Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Public Law | ||||||
| DESCRIPTION | The lectures in this study unit will convey to the students the importance of due process, a fundamental safeguard, under Maltese Law that is intended to ensure procedural fairness in the determination of civil rights and obligations or criminal charges. Cases are cited and situations are envisaged where the principle of due process of law or fair hearing applies. the main thrust of the lectures is to explain to the students that this important safeguard applies to all areas of the law and not just to criminal or civil law. The lectures take the students through financial services legislation, broadcasting legislation, etc., to demonstrate the impact of the due process requirement in all these branches of the law in theoretical and practical terms. The students will familiarise themselves with Article 6 of the European Convention on Human Rights and Fundamental Freedoms and Article 39 of the Constitution of Malta which both deal with due process of law issues and the application of these two articles by Maltese courts. The case law of the European Court of Human Rights on Article 6 of the aforesaid Convention will also be discussed in class. Study-unit Aims The aims of this study unit are the following:- (a) to understand the various ramifications and application of the due process principle; (b) to study how this principle has been enshrined in Article 39 of the Constitution of Malta and in Article 6 of the European Convention of Human Rights and Fundamental Freedoms; (c) to compare and contrast the similarities and differences between both above-mentioned articles; (d) to study how both articles have been interpreted by Maltese Courts and by the European Court of Human Rights; (e) to apply the due process principle to some branches of the law such as financial services and broadcasting legislation. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) know which are the applicable Maltese due process laws; (b) identify the essential elements of the due process principle; (c) establish the various nuances in interpretation of the due process principle in Maltese law; (d) master the pertinent Maltese and European Court of Human Rights case law which has led to the elucidation of the due process principle; (e) extract the commonalities and differences between the due process provisions in the Constitution of Malta, the European Convention Act and other applicable Maltese law as to the commonalities and differences of the due process principle; (f) assess the efficacy of Maltese institutions which have been established to enforce the due process principle; (g) critically examine the deficiencies in the application of the due process principle in Maltese law. 2. Skills: By the end of the study-unit the student will be able to: (a) apply the knowledge and understanding gained during this study-unit to compare and discriminate between the various essential ingredients of the due process principle under Maltese law; (b) establish whether any international/regional law complies, and if so, to what extent, with the due process principle; (c) carry out a comparative study of the essential ingredients of the due process principle as enshrined in Maltese Law; (d) illustrate how the due process principle is understood, applied and interpreted in Maltese law and case law; (e) write a paper or article on what they would have learnt in this study-unit. Main Text/s and any supplementary readings - Stephanos Stavros, The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights, dodrecht, Martinus Nijhoff Publishers, 1993 (available at Faculty of Laws Law Library, Reference No. HMR 435). - Ghaqda Studenti tal-Ligi, Decizjonijiet Kostituzzjonali 1964-1978 (2 vols), Ghaqda Studenti tal-Ligi, 1979 (available at UOM Library, reference number 304367). - Kollezzjoni ta' Decizjonijiet tal-Qrati Superjuri ta' Malta, Legal (Publishing) Enterprises, Ltd (available at UOM Library, Reference No 205988). - John J. Cremona, "The Right to Free Interpretation Under Article 6 of the European Convention of Human Rights, Mediterranean Journal of Human Rights, 1997, Vol. 1, No. 1, pp. 93-100 (available at UOM Library, Reference No. 208815). - Giuseppe Mifsud Bonnici, "The Presumption of Innocence: An Essay on the Jurisprudence on this Human Right", Mediterranean Journal of Human Rights, 1997, Vol. 1, No. 1, pp. 121-150 (available at UOM Library, Reference No. 208815). - John J. Cremona, "The Accused's Presence in Criminal Proceedings: Malta and Strasbourg", Mediterranean Journal of Human Rights, 1999, Vol. 3, No. 2, pp. 479-496 (available at UOM Library, Reference No. 208815). |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Therese Comodini Cachia |
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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. |
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