Judicial introspection : examining what the Maltese court thinks of itself in the light of Ronald Dworkin’s ‘Law as Integrity’ thesis, with particular reference to the court‘s interpretative role

Abstract

The judiciary is the most nebulous branch of the State. Its operational configuration remains mysterious to the profession and the public and is occasionally criticised in terms of legitimacy. This may arise due to disagreement about law, disagreement about the judicial function, inefficiency or various other reasons. This paper‘s primary objective is to construct a solid working theory which instils legitimacy as well as predictability in the judicial mechanism. At such proximity to law, the judicial mandatary of the Community and guardian of law reflects the law itself and permits an observation of law‘s empire in Malta. This paper shall seek to elucidate the judiciary as authoritative on the interpretation of law, converting abstract legislation into concrete pronouncements. The role of the judiciary will be explicated, as a master-interpreter of its origin and intermediary between law and society. This is an attempt to reconcile the theoretical framework of Law-as-Integrity postulated by Ronald Dworkin with the Maltese legal system. Integrity views the law as an interpretative product, composed of an interconnected web of rules, with principles in lieu of space. This paper shall examine whether this vision is compatible and desirable in the Maltese legal scenario, studied in cross-sections of locally cultivated jurisprudence. Therefore, Section II shall be dedicated to the Dworkinian philosophy, whereas Section III shall focus on the empirical situation in Malta presented by academic jurisprudence and court judgements quoted in Appendix One. The sections are expected to transfuse, probably in favour of the former, reflecting the integral nature of law. For practicality, our empirical discussion shall be limited to ten elected avenues of court creativity or lack of it. In concluding, this paper will determine whether Integrity is a useful yardstick for the Maltese judiciary, in the hope of generating debate on an appropriate theory which explains and legitimises the role of judges in the contemporary Maltese legal system.