Developing the right to good administration in national law

Abstract

In his contribution, Professor Aquilina, who has written several works on Maltese Constitutional Law, examines the notion of good governance in Malta, the reference to such concept in several ordinary laws, and the lack of an effective remedy as the situation stands today in Malta. Apart from analysing the application of this concept (or the lack of it) in Maltese law, the author puts forward his own proposals including the insertion of a fundamental right to good governance in the justiciable provisions of Chapter IV of the Maltese Constitution, and the inclusion of a power of the Ombudsman to supervise the application of this right under the Ombudsman Act.