OAR@UM Community:https://www.um.edu.mt/library/oar/handle/123456789/11252026-09-09T16:04:22Z2026-09-09T16:04:22ZJury trials and the right to give reasonshttps://www.um.edu.mt/library/oar/handle/123456789/1489762026-09-09T09:37:40Z2026-09-01T00:00:00ZTitle: Jury trials and the right to give reasons
Abstract: I have already had the
opportunity to
comment on the jury
system a few weeks
ago (‘Does the jury
system breach human
rights’, The Malta
Independent on
Sunday, 16 August
2026). In that piece I
had recommended
that the government
appoints a
Commission of
Inquiry to report on
the jury system and
to make
recommendations
thereupon.; The jury system is a
relic of colonialism. It
was imposed on Malta
by the British. It does
not necessarily mean
that what works in the United
Kingdom necessarily works in
Malta or that it is still valid today.2026-09-01T00:00:00ZForeword [Judgecraft and the art of rhetoric]https://www.um.edu.mt/library/oar/handle/123456789/1488692026-09-07T09:21:29Z2026-01-01T00:00:00ZTitle: Foreword [Judgecraft and the art of rhetoric]
Abstract: Judgecraft and the art of rhetoric is a timely and very insightful study that combines two separate and distinct legal institutes, one a craft – judgecraft – the other an art – rhetoric. Notwithstanding their differences, both subjects require the person who employs them to exercise an element of skill and creativity.; Judge Silvio Meli must be commended for his originality in pursuing a study of these extremely interesting subjects for the purpose of this pioneering effort that unravels to the reader two novel institutes that, although well familiar with the judicial and legal professions abroad, are being brought to light locally through this seminal opus thereby filling an important gap in extant Maltese legal literature.2026-01-01T00:00:00ZThe state versus the peoplehttps://www.um.edu.mt/library/oar/handle/123456789/1487922026-08-31T09:50:52Z2026-08-01T00:00:00ZTitle: The state versus the people
Abstract: This piece starts with
the words ‘the State’
and not ‘the People’
for the simple reason
that in our polity the
people are
insignificant.; To change the title to
read ‘The People versus
the State’ would
have given overarching
importance to an
entity that constitutionally
speaking is more of an non-entity.; We live in an era where the
State is omnipotent and the
People are completely powerless. [excerpt]2026-08-01T00:00:00ZAFM – the last port of callhttps://www.um.edu.mt/library/oar/handle/123456789/1486492026-08-25T09:30:16Z2026-08-01T00:00:00ZTitle: AFM – the last port of call
Abstract: Recently, the
government
announced that it will
be deploying Armed
Forces of Malta
(hereafter ‘AFM’)
personnel to patrol
the streets of Swieqi
for the purpose of
law enforcement.; As expected, the Swieqi
Residents Association
and Swieqi Local
Council have welcomed
this initiative.
Other organisations have been
critical of this deployment. Personally,
I have no qualms on this
deployment. I consider this to be
an ordinary civilian function performed
by the AFM in terms of
law. [excerpt]2026-08-01T00:00:00Z