| CODE | PBL2024 | ||||||
| TITLE | Basic Notions of Constitutional and Administrative Procedure | ||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 6 | ||||||
| DEPARTMENT | Public Law | ||||||
| DESCRIPTION | This study-unit studies constitutional and administrative procedure. Under constitutional procedure students study constitutional references and how to initiate a constitutional case before the First Hall, Civil Court, and the Constitutional Court. Under administrative procedure, students study the provision on judicial review of administrative action , the Administrative Review Tribunal and various other quasi-judicial tribunals which have an administrative procedure 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 and administrative procedure as contained in the Constitution of Malta, the European Convention Act, article 469A of the Code of Organization and Civil Procedure, the Administrative Justice Act and in other ordinary legislation which establishes review boards and tribunals which hear appeals from decisions from public officers and public corporations as well as the appeals which can be lodged to the Court of Appeal from decisions of these boards and tribunals. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) write upon the applicable rules of constitutional procedure and judicial review of administrative action; (b) describe the procedure before the courts of constitutional competence and the Administrative Review Tribunal; (c) compare and contrast the procedure before various review boards and tribunals; (d) list the procedure for appeals from decisions of various review boards and tribunals. 2. Skills: By the end of the study-unit the student will be able to: (a) identity the rules regulating constitutional procedure and judicial review of administrative action and the case law which has developed on this topic; (b) comment upon the procedure before the Administrative Review Tribunal; (c) prepare a write up on the procedure followed by review boards and tribunals when reviewing decisions of the public administration (public officers and public corporations); (d) interpret judgments of the Court of Appeal which have reviewed decisions of the reviewing boards and tribunals. Main Text/s and any supplementary readings: Main Texts: - Chief Justice Emeritus Professor Giuseppe Mifsud Bonnici, Constitutional Procedure relative to Fundamental Rights and Freedoms, Sta Venera, Midesa Books Ltd., second revised edition 2012. - Tonio Borg, 'A Commentary on the Constitution of Malta', Kite Publications, B'Kara, 2016. Supplementary Readings: - Paul Craig 'EU Administrative Law' (Oxford, Oxford University Press, 2nd Edition, March 2012. - William Wade and Christopher Forsyth “Administrative Law” Oxford, Oxford University Press, 2014. |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Tonio Borg Therese Comodini Cachia Ivan Mifsud |
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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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