Please use this identifier to cite or link to this item:
Full metadata record
DC FieldValueLanguage
dc.contributor.authorAndo', Biagio-
dc.contributor.authorAquilina, Kevin-
dc.contributor.authorScerri Diacono, Jotham-
dc.contributor.authorZammit, David E.-
dc.identifier.citationAndo', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.), Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.en_GB
dc.description.abstractThe origins of the Maltese mixed legal system – which result from the interface between the continental legal tradition, which lies at the basis of the Maltese legal tradition, with the English one – cannot be explained as the outcome of a straightforward transfer of sovereignty directly from a continental power to the British Empire. The period which has to be considered most relevant for understanding the origins of British sovereignty runs from the end of French rule to 1815.What cannot be denied is that, after the expulsion of the French as a result of a military alliance between the Maltese insurgents and British military forces, the British exercised de facto political control over the archipelago. Nevertheless, as a matter of strict law, it would seem that formal sovereignty continued to lie with the King of the Two Sicilies, given the British failure to restore the islands to the rule of the Knights as they bound themselves to do by the Treaty of Amiens. During this period Malta was effectively a British protectorate. From the British perspective Malta lost the status of protectorate and became a colony only after October 5, 1813, when Thomas Maitland took up the position of Governor and Commander of the Island of Malta. In 1814, Article VII of the Treaty of Paris recognized this change of status, providing that “the island of Malta with the dependencies thereof will be under the Sovereignty of The King of Great Britain.” From this point onward, the British started to administer Malta as if it had been conquered. [excerpt]en_GB
dc.publisherCambridge University Pressen_GB
dc.subjectLaw -- Malta -- Historyen_GB
dc.subjectMalta -- History -- British occupation, 1800-1964en_GB
dc.subjectPublic law -- Malta -- History -- 19th centuryen_GB
dc.subjectJudicial power -- Malta -- Historyen_GB
dc.subjectLegal polycentricity -- Maltaen_GB
dc.subjectLaw -- Malta -- Language -- Historyen_GB
dc.subjectCivil law systemsen_GB
dc.title.alternativeMixed jurisdictions worldwide : the third legal familyen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
Appears in Collections:Scholarly Works - FacLawMCT

Files in This Item:
File Description SizeFormat 
Malta 2012.pdf
  Restricted Access
242.74 kBAdobe PDFView/Open Request a copy

Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.