Please use this identifier to cite or link to this item:
Full metadata record
DC FieldValueLanguage
dc.description.abstractThe Maltese Constitutional Court is a very special court because unlike the other ordinary courts it was specifically established to ensure the supremacy of the Constitution of Malta, to safeguard the fundamental human rights of the individual, and to protect Maltese citizens who have become victims of the Government. This would not be possible if the Constitutional Court is not accordingly composed. This Research Project discusses the consequences of not having a functioning Constitutional Court by looking at various factual events that have happened in the past. It also examines the various safeguards that have been created by our Maltese Constitutional legislator in order to ensure the permanent existence of the Constitutional Court. The Research Project is divided into three sections. Section 1 examines what is meant by the term ‘composition’. It becomes clear, that the automatic mechanism introduced in Article 95(5) of the Constitution and the Theory of Necessity are two remedies which could be used in order to safeguard the composition of the Constitutional Court. Section 2 then discusses and analyses the important functions of the Commission for the Administration of Justice in relation to the composition of the Constitutional Court. It becomes evident that the Commission plays a very important role in ensuring that judges are not unjustly dismissed from sitting in the Constitutional Court. Section 3 analyses whether the doctrine of necessity is unconstitutional. It becomes clear, that in the eyes of the ECtHR the doctrine breaches the right to a fair trial, whilst in the eyes of the Maltese Constitutional Court it could still be used as a theory, since ECtHR case law is not entirely binding in Malta. Finally, the Conclusion comes up with various recommendations that would further safeguard the composition of the Constitutional Court.en_GB
dc.subjectConstitutional courts -- Maltaen_GB
dc.subjectRemedies (Law) -- Maltaen_GB
dc.subjectFair trial -- Maltaen_GB
dc.subjectJustice, Administration of -- Maltaen_GB
dc.titleThe composition of the Maltese constitutional courten_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
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of Public Lawen_GB
dc.contributor.creatorCassar, Susan-
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawPub - 2016

Files in This Item:
File Description SizeFormat 
  Restricted Access
1.35 MBAdobe PDFView/Open Request a copy

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