The Maltese legal system : volume I

Abstract

The academic study of how the various elements of Substantive and Procedural Law form a 'legal system' and of how that system works presents particular challenges to the author. The 'legal system' incorporates many different elements of the law regulating varying aspects of life in society, which range from the fundamentals of the organization of the state to the more rudimentary regulation of ordinary social duties and obligations between individuals to the highly sophisticated regulation of financial, environmental, and technical matters, which is a hallmark of modem societies. International relations between States, the increased economic regional integration in Europe, the need for the international community of States to combat such phenomena as terrorism, organised crime, trafficking in narcotic substances and trafficking in human beings has led national legal systems to become more interdependent and open to the implementation of essential measures of international co-operation among States. National legal systems therefore do not exist in isolation and the development of common notions of what is acceptable in a democratic society, what standards are necessary in order to satisfy the exigencies of respect for fundamental human rights, and of the tolerance and openness which characterize such a society is increasingly influenced by developments taking place outside individual national legal systems. Those systems, however, need the dynamism necessary to absorb and contribute towards such developments for the benefit of the societies which they regulate. The Maltese legal system inevitably bears the marks of influence of the different periods of Maltese history which have contributed towards its evolution into a mixed legal system incorporating important elements both from the 'Civil Law' and the 'Common Law' legal systems of Europe within a constitutional framework based on the British system but also significantly shaped by the development of international human rights protection and by Maltese cultural, religious, and social heritage. Professor David Attard's present work is primarily intended to assist students who wish to pursue further legal studies both to acquire knowledge of Maltese Law and of its application through the decisions of the court, and to develop a wide perspective allowing them to understand how that law and its workings form a unique legal system. The work is, moreover, also an important contribution towards making the understanding of Maltese Law and of its application more accessible to public administrators, students of other social sciences, and to anyone with an academic, professional, or personal interests in the development of an understanding of the Maltese legal system. Professor Attard deserves credit for dedicating his precious time and effort towards this valuable contribution to Maltese legal writing and I feel honoured to have seen his work when still in draft form. I have no hesitation in recommending it to all those with an interest in the Maltese legal system.