| CODE | PBL2012 | ||||||||
| TITLE | Judicial Review of Administrative Action and the Redress of Grievances | ||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Public Law | ||||||||
| DESCRIPTION | This study-unit will discuss Governmental power, the supervisory/appellate distinction, the emergence of judicial review, the constitutional basis of judicial review and its development in Malta, statutory powers, duties and discretion, nature, scope of judicial review, classification of the grounds of review, appeal and review of administrative action, the system of administrative review in Malta, the nature of illegality and ‘Ultra Vires’ doctrine, illegality: ‘Narrow’ Ultra Vires, errors of law and fact, ‘Wide’ Ultra Vires: proper purposes and relevant considerations, fettering discretion: by contract and by wrongful delegation, legitimate expectations of fairness, duty and discretion, delegated and subordinate legislation, grounds of judicial review beyond ‘Ultra Vires’, irrationality/unreasonableness, proportionality, procedural impropriety and natural justice requirements, discretion and abuse of powers, acting under discretion, adherence to over rigid policies, inconsistent exercise of discretion, remedies, the range of remedies, exclusion of judicial review, justiciability, exhausting alternative remedies, redress through parliament, redress through the courts, redress through tribunals, redress through public inquiries, and review of leading Maltese judgments on judicial review (Civil and Constitutional), distinction between legality and liability. Study-unit Aims: The study-unit aims are the following: - to familiarise the student with the basic notion of judicial review of administrative action; - to familiarise the student with the pertinent case law of the Maltese Courts regarding judicial review; - to familiarise the student with foreign law, especially British law and case law, on judicial review; - to familiarise the student with the redress of grievances where judicial review is not available to the citizen. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - know and be in a position to identify the grounds of judicial review as contained in the law; - know and be able to advise on the pertinent case law of the Maltese Courts relating to judicial review of administrative action; - write about the distinctions at law between appeal and review proceedings and between legality and liability; - report on the juridical nature, scope and typology of judicial review. 2. Skills: By the end of the study-unit the student will be able to: (a) identify the provisions of Maltese Law dealing with judicial review of administrative action; (b) be able to trace case law on judicial review of administrative action; (c) advise a client on the possible remedies which might arise out of an action for judicial review; (d) critically appraise the hurdles encountered in the development of Maltese Administrative Law and difficulties posed by Maltese Administrative Law in so far as judicial review is concerned and difficulties which still exist today. Main Text/s and any supplementary readings: - Kevin Aquilina, ‘Rationalising Administrative Law on the Revocation of Development Permissions’, BOV Review, Autumn 2006, No. 34, pp. 19-38. -Tonio Borg, ‘Judicial Review of Administrative Action in Malta’: Kite Publishers, 2020. - Tonio Borg, ‘Leading Cases in Maltese Administrative Law’: Kite Publishers, 2020. - Marse-Ann Farrugia, ‘The Development of Judicial Review of Administrative Action in Malta’, Faculty of Laws, LL.D. thesis, 1993 - Alfred Grech, ‘Judicial Review of Executive Discretion with Particular Reference to the Housing Act, 1949, Faculty of Laws, LL.D. thesis, 1975 - Richard Gordon, Judicial Review: Law and Procedure, London: Sweet & Maxwell, 1996. KM36.G67 - Brian Jones, Garner's Administrative Law, 8th edition, Oxford, Oxford University Press, 2005, KM300 G3 2005. - Ivan Mifsud, 'The State's Duty to Care', Faculty of Laws, Ph.D. thesis, 2008 - Michael Supperstone et al, ‘Judicial Review’, London, Butterworths Law, 2005. - Sir William Wade, Administrative Law, 9th edition, Oxford, Oxford University Press, 2004, KM 300. W3 2004. - The Right Hon. Lord Woolf et al, ‘De Smith’s Judicial Review, London, Sweet & Maxwell, 1995. KM 306.D4 1995 |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Tonio Borg |
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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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