https://www.um.edu.mt/library/oar/handle/123456789/9028 2026-04-17T02:57:48Z https://www.um.edu.mt/library/oar/handle/123456789/14043 Title: The 1961 constitution : the road to independence Abstract: The present-day Constitution is typically referred to as the Constitution of Malta and this is the supreme law of the land, as it stands at the highest level of the hierarchy of laws. This Constitution, however, was not always in the drafted form as it is known today, and the achievement of obtaining an Independence Constitution was a long and arduous process. In this thesis, the historical events from the 1950s up until Independence will be analysed together with a brief examination on the link between the political sphere, the legal sphere, and also the religious one, and the extent to which these three spheres contributed to the development of this Independence Constitution. This thesis will conduct a politico-legal study of the 1950s and 1960s in Malta, with a focus on the texts and provisions of the Constitutions of the time. The main focus will be on the 1961 Constitution as well as the Independence Constitution. It is imperative to note that the 1961 Blood Constitution, as it was called, was the backbone for the 1964 Independence Constitution, and many of the provisions which were implemented in 1964 were adopted from the former, with some differences. This thesis also poses the following questions: to what extent did the 1961 Constitution affect the provisions of the 1964 Constitution? What were the legal provisions included in these Constitutions? What brought Malta to the end of the colonial era? There were many developments along the way which paved the way for the current Constitution of Malta. In order to understand the development of the Constitution as it stands today, it is important to understand and analyse the historical background of the Constitutions which preceded the Independence Constitution. In this thesis, these events will be briefly examined, together with the provisions adopted from the Constitution in 1961 to that under an independent Malta, and the changes which were made to them along the way. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/13712 Title: Life imprisonment : retributive justice or a breach of the right to life? Abstract: After abolishing the death penalty for the most heinous crimes, trial judges were required to impose the sentence of life imprisonment in substitution. It may well be expected that the criminal justice system would incur public negative scrutiny if the rejection of the death penalty were not automatically replaced by life imprisonment. Moreover, because of the deterrence and retribution mentality, the life sentence is still considered to be very popular within the Maltese system and in the public opinion. Nonetheless, the absence of competent studies on the effects and the end results of the life sentence when it was called upon to replace the death penalty, pose an important question on its validity and legitimacy in a modern democratic state. The European Court of Human Rights, in the case of Vinter and Others vs. UK, concluded that the sentence of life imprisonment breaches Article 3 of its Convention, when it is imposed with no prospect of release. In simple terms, putting a convict in prison for the rest of natural life would constitute a cruel, inhuman or degrading treatment or punishment. It is the life sentence per se, where there is no hope of release, which is against what Article 3 demands and not the actual imposition of a life sentence. The purpose of this research is to find out the invalidity or otherwise of the life sentence operative within various jurisdictions, particularly the Maltese legal system. Furthermore, reference is made to international conventions and agreements so as to elicit the principles and objectives governing these international legal instruments which might be applicable with regards to the sentence of life imprisonment. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/13711 Title: A comparative study of the protection of the fundamental human right of freedom of religion, in the face of freedom of expression Abstract: When the liberty to express oneself freely is at odds with another’s right to freedom of religion, the predicament of choosing between two equally fundamental rights arises; but which should prevail? Does freedom of religion include the right to have faith and symbols protected from insults? What is the scope of this right, and what are its limits? What does freedom of expression entail, and how can it be restricted legitimately, in a democratic society? After delving into the historical backgrounds of these rights in chapter one, in order to understand how they developed, and what our ancestors surmounted to pave the way for liberty, chapter two holds an in-depth analysis of these two fundamental rights, in attempt to truly understand their scope and limits, as enshrined in international instruments, and case-law. A case study of the more liberal U.S, and the more sensitive Germany, is the subject matter of chapter three, which illustrates the completely divergent methods of regulation employed by these States, in order to combat the clash of these rights. Chapter four examines the offences of proselytism and blasphemy; do they have a place in a democratic society? A national perspective is given in chapter 5, and Maltese laws, stances and cases are examined. The conclusion argues that, although at times the Maltese perspective may be rather traditionalist and archaic, some acts of expression permitted in the U.S seem a little extreme, and so, the desired practice should lie somewhere in between these two. Open debate should be encouraged and not feared, even if considered shocking, in order to promote a spirit of tolerance, mutual understanding and respect. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/10536 Title: A critical analysis of the Maltese courts’ interpretation of regulation no.44/2001 since Malta’s accession to the European Union Abstract: This dissertation will focus on the Maltese Courts’ interpretation of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters since Malta’s accession to the European Union in 2004. Separate chapters will be dedicated to civil and commercial matters, contract and tort, prorogation of jurisdiction as well as recognition and enforcement of judgments, thereby facilitating a critique of the judgments of the Maltese Courts by subject matter. The critique will attempt to delineate interpretational trends of the Maltese Courts and to distil differentiation, if any, with the case law of the European Court of Justice. Description: LL.D. 2015-01-01T00:00:00Z