https://www.um.edu.mt/library/oar/handle/123456789/30953 2026-04-11T11:37:28Z https://www.um.edu.mt/library/oar/handle/123456789/29439 Title: To what extent if at all can the Education Act of 1988 with its subsequent amendments, be deemed to address the day-to-day issues arising in the Maltese educational system? Abstract: The Education sector is one which sees most changes, and in the local scenario one can easily say that the amount of changes that it has faced in the past decades haven’t been matched up with the necessary amendments in the law. In 2017 we are still faced with a law which was laid out in 1988. In 2016 the legislator launched the first three of the five documents which will make up the new Chapter 327, for the consultation process. Although maintaining many of the provisions of the Education Act introduced in 1988 and its subsequent amendments, the new law explores new concepts and introduces some major changes in the Educational field. This thesis will delve into the different articles introduced in 1988 and also the subsequent amendments introduced throughout the years, by exploring the reasoning through parliamentary debates and also direct comments from the Ministers who piloted such amendments. Finally, this thesis will also evaluate what provisions should be corrected, amended or introduced to address the day-to-day issues arising in our educational system. Description: LL.D. 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29420 Title: State action against terrorism in relation to the Neutrality Clause found in the Constitution of Malta Abstract: The concept of terrorism has many faces, and in modern times certain terrorist groups can rightfully be regarded as enemies of the State. The concept of terrorism is studied in relation to the neutrality clause of the Maltese Constitution, and questions are asked when it comes to action by the State against terrorists, terrorist organizations and even State sponsored terrorism. There is no universal definition of ‘terrorism’, and thus sometimes people fighting for a cause, like freedom fighters also end up being regarded as terrorists and it is noted that this situation needs amending. Terrorist actions taken by the State take two forms: State sponsorship of terrorism, and State terror. State sponsorship of terrorism relates to supporting other terrorist groups and organizations, on the other hand State terror relates to campaigns undertaken by particular States in order to terrorize their own people. While criminal action against individuals can be taken against representatives of other States who commit such actions, there are also other actions which can be permitted, provided that they do qualify under the necessary qualifications. The Maltese neutrality clause has a number of exceptions which allow the presence of foreign forces in Malta, and these include: (a) self-defence over an area that Malta has sovereignty over, (b) measures or actions decided by the Security Council of the United Nations, or (c) threats that threaten the sovereignty, independence, neutrality, unity or territorial integrity of Malta. The laws and policies of other European States are also analysed in order to be compared to actions taken by the State of Malta, and while the State of Malta is militarily neutral, it has to be remembered that the neutrality clause does not force the Government of Malta to engage in political neutrality. Description: LL.B 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29416 Title: The style of Maltese judgments in relation to the formal and linguistic aspects Abstract: This is a study into the art of rendering judgements in Malta. Judgement writing is the end product of proceedings in Court and with today’s society becoming more aware of its rights and consequently more litigious, judgements are becoming more numerous. Judges are faced with the need and difficulty to render judgments on a daily basis. In the Maltese system, the judges’ academic background is that of a lawyer and hence when a judge is appointed he is bound to absorb and use previous models of judgment writing. This research, however modest its contribution, aims to discover the way the Maltese judiciary uses formal and linguistic aspects in their style or styles of judgements whilst maintaining due deference to the concept of the Rule of Law in the delivery of the same. It does not have as its objective to look into theories of adjudication or to elicit one particular style, it is rather a discovery of possible methods whilst signalling those which are notoriously abandoned. It is convenient in the first part to precise the meaning given to a judgment so as to locate the subject matter under study. The constitutive elements making up the formal notions employed in the rendering of a judgment such as motivation and publicity will be examined in the second part. This follows, a study as to the language and linguistics used in judgment writing and the laws dealing with judgements. This section will study amongst others, the Speech Act theory and synonymy in translation. An insight into the methodology and literature review will be explained in the fourth section. The conclusion drawn at the end continues to tie the Rule of Law with the style used for judgment writing in Malta for it cannot be detached from judgements which in turn epitomise it. Description: LL.B 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29414 Title: A Maltese perspective of protecting legitimate expectations Abstract: The object of this thesis is the doctrine of legitimate expectation in Maltese judicial review proceedings. Despite being overlooked by the legislator, this thesis argues that there is a sufficient legal basis for the application of the doctrine by Maltese courts. Chapter 1 specifies the reasons why legitimate expectation should be protected, as well as the constitutional foundations for the doctrine under Maltese law. The Rule of Law is the main constitutional principle justifying protection, since this seeks to uphold legal certainty and fairness in the functioning of the executive. From a normative perspective, protection should be granted to maintain individual autonomy and trust in the administration, as well as to lower the costs of reliance generally. Chapter 2 concerns the origins of legitimate expectation in English Common Law, with the latter being a prime source of Maltese public law. Procedural protection of legitimate expectation preceded its substantive protection, with the former laying the foundations for the latter. This chapter shall analyze the elements which a representation must possess before it can be deemed to be binding on the administration. Building on the above, Chapter 3 analyzes the judgments which have driven the protection of substantive legitimate expectation in English Common Law. It explains the legal tests used to balance the private interest of reliance on a representation against the public interest in departing from it. The main discussion of this thesis is contained in Chapter 4, concerning the adoption of legitimate expectation by the Maltese courts. This adoption remains anomalous because there is, as yet, no conclusive judgment which explicitly places either procedural or substantive legitimate expectation under any particular head of judicial review. Nor has English Common Law been openly applied. Finally, Chapter 5 briefly explores the other legal planes on which legitimate expectation may be protected, namely, EU and Human Rights law. The thesis concludes by suggesting a form of protection for substantive expectation cases that will spread risk more fairly between the administration and the individual. Description: LL.D. 2017-01-01T00:00:00Z