https://www.um.edu.mt/library/oar/handle/123456789/1124 2026-10-27T20:17:50Z 2026-10-27T20:17:50Z Musumeci, Robert https://www.um.edu.mt/library/oar/handle/123456789/150410 2026-10-23T12:04:07Z 2026-01-01T00:00:00Z

Title: Understanding Malta’s Constitution Authors: Musumeci, Robert Abstract: “Understanding Malta’s Constitution discusses a myriad of subjects that are directly and indirectly connected to the Constitution. It starts off by tracing the origin of our Constitution prior to independence and post-independence. It refers to Malta’s national symbols set out in the very first chapter of the Constitution, constitutional principles, the main organs of the state established by the Constitution – parliament, government, and the judiciary, and other public offices of interest to the constitutionalist, the role of the individual within the context of the Constitution and the European Convention Act that both contain provisions that regulate the safeguarding of human rights and fundamental freedoms, and concludes with a discussion of a very innovative subject on the Constitution as a discipline of power. I recommend this book to all those persons who want a ready reckoner to the Constitution of Malta and, at the moment, do not have sufficient time to delve deeper by reading elaborate treatises on the subject. This book serves as a teaser that opens the reader’s appetite to read further other more detailed publications on Constitutional Law. Its praiseworthiness lies in its capability to succinctly explain the Constitution of Malta in layman’s terms without excessive recourse to legalese and pedantry.” Professor Kevin Aquilina Professor of Law and former Dean of the Faculty of Laws University of Malta

2026-01-01T00:00:00Z Musumeci, Robert https://www.um.edu.mt/library/oar/handle/123456789/150409 2026-10-23T11:58:42Z 2026-01-01T00:00:00Z

Title: Stress points in Maltese planning law Authors: Musumeci, Robert Abstract: “This is a rigorous contribution to Maltese public law scholarship. Rather than offering a commentary on the Development Planning Act (Cap. 552), Robert Musumeci undertakes a far more ambitious doctrinal audit of the internal architecture of the statute, identifying the precise points at which the coherence of the system is placed under strain. What sets this book apart is its methodological discipline. Each argument is firmly rooted in the statutory text, which illuminates how the jurisprudence of the Environment and Planning Review Tribunal and superior courts have sometimes departed from or blurred the true structure and intention of the statute. The treatment of lapsed Bills 143 and 144 is a useful line of enquiry, using unenacted legislative proposals as tools to expose existing stress points in the current system. Finally, the comparisons with the English and Welsh regime add depth without distracting from the primary focus of the Maltese system. Notably, one of the points of comparison (the mechanism by which unauthorised works achieve immunity) was once the same in England and Wales as Article 95 Development Planning Act, in that immunity was fixed to a point in time, rather than a rolling immunity period. The rolling immunity period was not introduced as a concept in the English and Welsh system until the Planning and Compensation Act 1991.” Dr Ashley Bowes KC, Landmark Chambers, general editor, Journal of Planning & Environment Law and author of A Practical Approach to Planning Law

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150301 2026-10-21T09:59:58Z 2026-01-01T00:00:00Z

Title: Court delays in criminal proceedings : a violation of the fundamental rights of the accused and the victim Abstract: ‘Justice delayed is justice denied’. The maxim is recited so often in courtrooms that it risks becoming furniture, yet it states, with complete accuracy, the stakes of this dissertation. There are few words more scathing uttered from the lips of lawyers than ‘unfair proceedings’, as a cornerstone of the rule of law, the right to a fair trial is widely recognised as a foundational execution of justice. Courts therefore, are entrusted with the abstruse task of striking a balance between the effective administration of justice and the protection of the rights of the accused and the victim. From the moment a criminal charge is issued, the accused lives under its strenuous weight, his liberty, property, reputation, and peace of mind all struck by the trajectory of proceedings. And the victim of the offence waits, with no less anxiety, for the court to finalise proceedings. A judgement issued too late fails both parties. However, what remedies are provided by our courts once a violation of a person’s right to a fair trial is found? This dissertation examines how the right to a fair hearing within a reasonable time established both by legislation and jurisprudence is defined, applied, and remedied in practice. Moreover, before meaningful solutions can be proposed, it is necessary to examine the root causes of judicial delay. What factors contribute to the persistent backlog of criminal proceedings, and why do such delays continue to characterise the administration of justice? More importantly, does every delay amount to a violation of the accused's fundamental right to a fair hearing within a reasonable time, or are there circumstances in which delays are both justified and necessary to ensure the proper administration of justice? Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150242 2026-10-20T05:48:20Z 2026-10-01T00:00:00Z

Title: Public law in action : challenging power and defending the citizen [Law Academy event address] Abstract: Address by Prof. Tonio Borg at the Law Academy Event, Chamber of Advocates, Valletta, Malta, entitled Public Law in Action Challenging power and defending the Citizen.

2026-10-01T00:00:00Z