Study-Unit Description

Study-Unit Description


CODE PBL1101

 
TITLE Constitutional Procedure

 
LEVEL 01 - Year 1 in Modular Undergraduate Course

 
ECTS CREDITS 2

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit studies constitutional procedure. This means that students will study the provisions of the Constitution of Malta dealing with the jurisdiction of the Constitutional Court; the provision in the said Constitution dealing with the enforcement of human rights; the provision in the Constitution on the actio popolaris; provisions in the European Convention Act; provisions in the Rules of Court dealing with constitutional matters; the procedure in the Electoral Act before a Revising Officer; references from a court of justice to the Civil Court, First Hall, sitting in its constitutional competence; when such reference is considered frivolous and vexatious; cases where the Civil Court, First Hall sitting in its constitutional competence declines to exercise its jurisdiction. Students will be taught the laws and case law relevant to the subject of this study-unit.

Study-unit Aims:

The aim of this study-unit is to teach to the student the rules on constitutional procedure as contained in the Constitution of Malta, Rules of Court, the European Convention Act and the Electoral Act. All these laws contain provisions which call the Constitutional Court and the Civil Court, First Hall, sitting in its constitutional competence in issue each time there is an alleged violation of the Constitution, the European Convention on Human Rights and Fundamental Freedoms and the electoral process.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

(a) know the grounds where the Constitutional Court has jurisdiction to hear a case;
(b) understand the procedure before the Constitutional Court and the Civil Court, First Hall, sitting in its constitutional competence;
(c) know the cases where these two Courts decline to exercise jurisdiction;
(d) comprehend the salient case law of the Constitutional Court on its own jurisdiction.

2. Skills:
By the end of the study-unit the student will be able to:

(a) identify the rules on the jurisdiction of the Constitutional Court and of the Civil Court, First Hall, sitting in its constitutional jurisdiction;
(b) interpret on the case law of these two courts dealing with constitutional procedure;
(c) comment upon the reference procedure;
(d) write on which types of constitutional references are frivolous and vexatious.

Main Text/s and any supplementary readings:

Constitution of Malta
European Convention Act
General Elections Act

Professor Giuseppe Mifsud Bonnici, Constitutional Procedure relative to Fundamental Rights and Freedoms: 1964-2000, Midsea Books Ltd, 2004.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Michael Camilleri
Mario Caruana (Co-ord.)
Therese Comodini Cachia

 
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 study-unit description above applies to the academic year 2019/0, if study-unit is available during this academic year, and may be subject to change in subsequent years.

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