Judicial review of administrative tribunals in Malta : a legislative proposal

Abstract

This dissertation seeks to analyse the judicial review of decisions of administrative tribunals in the Maltese legal system. The sphere of application of judicial review is encompassed in the context of Article 469A of the Code of Organisation and Civil Procedure. However, the said article does not incorporate the judicial review of administrative tribunals’ decisions. Despite this, the Maltese civil courts have sometimes allowed for such judicial review, incorporating the basis for such review from common law due to the lacuna doctrine. This write-up will delve into this expansion, and this will be done through an examination of the current laws, landmark cases from common law and Maltese law, and recent cases from local jurisprudence. Examining current jurisprudence on the subject matter presents one issue: a lack of definition, guidance, and law. Looking into the landmark cases emerging from common law and Maltese law, one can see the gradual transition of the application of judicial review of decisions of administrative tribunals from strictness to a more liberal application. This shifts the focus of the conversation to the present scope of implementation, wherein recent cases are examined in order to ascertain the limits of this sphere of application. The dissertation aims to determine whether the courts share a common ideology regarding the extent of judicial review of tribunal decisions, whether it has been overly expanded, or if it requires further development.