The constitutional standing of attachment orders : a legal analysis

Abstract

This research shall be taking a comprehensive look and a constructive approach towards the nature of locally issued Attachment Orders and will seek to provide a comprehensive analysis of the situation in Malta, identifying the benefits and potential flaws within the system, should these emerge. Whilst enforcing the central tenet that crime should never pay, this dissertation will analyse the Constitutionality of Attachment Orders. When assessing ‘Constitutionality,’ emphasis will be set upon the coherence and accordance between, on the one hand, the laws establishing this Order and its procedure, and, on the other hand, the rights of the accused, as enshrined in the Constitution of Malta. The latter representing fundamental human rights. Whilst conducting a thorough study of contemporary legislation as well as past jurisprudence the author intends to develop and outlook upon the Constitutionality of Attachment Orders, yet persistently bearing in mind the cruciality of an objective balance and theoretical equilibrium between the rights of the individual and those of Society in general. The outcome should be an evaluated and considered assessment upon the validity of Attachment Orders within a wider legal framework.