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Title: Making a case for setting up an administrative court in Malta
Authors: Deschrivjer, Richard
Keywords: Administrative courts -- Malta
Administrative law -- Malta
Administrative law
Administrative courts
Administrative procedure
Administrative procedure -- Malta
Issue Date: 2016
Abstract: In this study, the author argues that whilst the Maltese administrative justice system follows the British model with ad hoc appeals bodies set up, Malta has failed to adapt to the growth of administrative law. The author analyses the manner in which continental European countries have adapted to the growth of administrative law by setting up an administrative justice system that is completely separate from their civil, commercial and criminal justice system. It is argued that the way forward is to establish a single court that will decide on all disputes relating to administrative matters. The author will look at the virtues of an administrative court and suggest a proposal of such court. Chapter 1 considers the nature and evolution of administrative law in Malta and links this to the social and political developments which developed during this period. The difficulties of the administrative organisation will be appreciated from an historical perspective. This Chapter also provides an outline of the organisation of the administrative justice system in Malta including the development of the Administrative Review Tribunal and its shortcomings. Chapter 2 looks at the function of the Conseil d'Etat- the supreme administrative court of France- which is the earliest of its kind and has been a model for many countries that have subsequently set up a supreme administrative court. Consequently, a brief overview will be given of a number of countries that have followed the French system of administrative justice. Finally, chapter 3 envisages the positives of an administrative court and proposes the composition, procedure and jurisdiction that the administrative court would assume.
Description: LL.B.
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawPub - 2016

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