| CODE | PBL1010 | |||||||||
| TITLE | Constitutional Law | |||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | |||||||||
| MQF LEVEL | Not Applicable | |||||||||
| ECTS CREDITS | 10 | |||||||||
| DEPARTMENT | Public Law | |||||||||
| DESCRIPTION | This study unit is to be taken as a compulsory study unit during the first and second semester of the first year of the course. The study unit comprises the following topics: History of Maltese Constitutional Development Law: from the earlier part of the History of Maltese Public Law up to the present day. The History of Constitutional Development Law during the British colonial Period and the subsequent post-independent phase is given particular attention. The student is expected to familiarize himself with the process of the transition to independence and the subsequent transition to republican status. The General Principles of Constitutional Law as applied in Western European Democracy with particular focus on the general theories at the basis of constitutional systems such as the doctrine of separation of powers, the rule of law and the theory of fundamental human rights. The general outlines and structures of parliamentary and presidential governments in such constitutional systems. The detailed workings of the several organs of the State with particular reference to their position within the Maltese and the British constitutions. The student will be required to familiarize himself not only with the structure of constitutional organs as existing in Malta but also from a comparative perspective. The embedding of the State of Malta within the larger framework of the European Union. The Human Rights Law looks at the international and local protection of fundamental human rights as well as at the systems for the protection of these rights. The student will be expected to familiarize himself with the case law of Strasburg and the Maltese Courts in this area. 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 - Giuseppe De Vergottini "Manuale di Scienze Giuridiche: Diritto Costituzionale Comparato" 5th Edition CEDAM - "Le Costituzioni dei Paesi dell'Unione Europea" 2nd Edition CEDAM - Richard Clayton & Hugh Tomlinson "The Law of Human Rights" Volume I and II Oxford - 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" |
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| RULES/CONDITIONS | In TAKING THIS UNIT YOU CANNOT TAKE PBL1001 OR TAKE PBL1002 OR TAKE PBL1003 | |||||||||
| STUDY-UNIT TYPE | Lecture and Tutorial | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Kevin Aquilina Austin Bencini (Co-ord.) Ivan Mifsud Ian Refalo |
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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 2025/6. It may be subject to change in subsequent years. |
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