https://www.um.edu.mt/library/oar/handle/123456789/123475 Wed, 08 Apr 2026 04:06:00 GMT 2026-04-08T04:06:00Z https://www.um.edu.mt/library/oar/handle/123456789/123669 Title: Foreword [ELSA Malta Law Review, 5, 2015] Abstract: This is the fifth issue of the ELSA Malta Law Review. This publication goes to show the tenacity with which the ELSA Malta Law Review Editorial Board has ensured that this Review continues to be published, not only on a regular and timely basis, but also contains articles of high academic quality whilst touching diverse areas of the law. This is thanks to the hard work put in by successive Editorial Board team members of ELSA Malta Law Review. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/123669 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/123668 Title: Editorial [ELSA Malta Law Review, 5, 2015] Abstract: The year 2011 saw the birth of the ELSA Malta Law Review, a student-edited and peer-reviewed law journal published by the European Law Students’ Association Malta (ELSA). Throughout the years the law journal has gained increased credibility and the support of many law students, legal practitioners and academics in the legal field and has indeed become a point of reference for legal minds across the European continent. As the fifth Editor-in-Chief of the law journal, it is a great honour to present to you the fifth edition of the Elsa Malta Law Review. This year’s edition features eight contributions: one case comment, one book review and six articles, tackling a number of topics, namely Maritime Law, Civil Law, Criminal Law, Constitutional Law, International Law and International Relations, and Gender Discrimination and Human Rights Law. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/123668 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/123667 Title: A discussion of Robert Alexy’s theory of constitutional rules and constitutional principles as a model for adjudication Authors: Buontempo, Natasha Abstract: The paper discusses Robert Alexy’s ‘Theory of Constitutional Rights’ with particular reference to his theory of principles and the distinction he draws between constitutional rules and constitutional principles (fundamental human rights). According to Alexy, fundamental human rights as protected by the German Basic Law are principles which have a distinct character from rules, even though both are norms. This distinction necessarily requires the application of the principle of proportionality (Verhältnismäßigkeitsgrundsatz) to constitutional cases dealing with the restriction of a constitutional principle (fundamental right) in favour of another. Alexy argues that there is an intimate connection between the principles theory and the application of the principle of proportionality in the adjudication of constitutional rights cases. However, this affirmation has not been free from criticism: both the theory of principles as well as the proportionality principle have been objected to by various scholars refuting any proximate link between the two and claiming that the application of the proportionality principle may lead to irrationality because it does not offer any solid criteria upon which adjudication is to be effectuated. Despite the various objections to the proportionality principle, it is submitted that they fail to overthrow the proportionality principle as an adjudicative technique. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/123667 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/123662 Title: The global war on the illicit drug trafficking and organised crime : grabbing the raging bull by the horns, the legs or the tail? Authors: Camilleri, George Abstract: The drug trafficking industry, spearheaded by organised crime, is an ongoing global challenge. Its magnitude and adaptability is acknowledged in various international reports and the existing international instruments are a testament of the situation which indeed merits international concern. The lucrative expectations involved in the trade breeds corruption have also been linked to the financing of international terrorism and arms trafficking. The ongoing ‘war on drugs’ is increasingly being questioned as a result of negative side-effects stemming from the militarisation of law enforcement. Alternative avenues in domestic law and policy need to be considered with the aim to focusing cases drug abuse and drug trafficking separately. Competing with the black market is an option which has been taken up by some jurisdictions which, however, presents potential risks. The challenges faced by source, transit and recipient countries are different and therefore legal policies can vary from one scenario to another. The role of the International Criminal Court should also be considered in cases of transnational drug trafficking operating within areas of absence of law or institutional fragility, particularly in settings of armed conflict and post-conflict. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/123662 2015-01-01T00:00:00Z