The Maltese Legal System Volume 2, Part A
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The Maltese Legal System, Volume II, Part A, entitled Constitutional and Human Rights Law, deals with the characteristics of the Maltese Constitution, the constitutional doctrines of the separation of powers, the rule of law, and the supremacy of the Constitution over parliament.
It discusses the constitutional development of Malta until it finally attained the status of an independent state together with the authority of the Maltese Constitution. The monograph studies the main features of the Maltese Constitution and its sources.
The main state organs and offices established by the Constitution are analysed and first hand evidence on the operation of these organs and offices through state practice is provided.
The publication focuses upon the judiciary, the doctrine of the independence of the judiciary, and their watchdog – the Commission for the Administration of Justice.
Other matters dealt with are the cumbersome procedure to alter the Constitution and the various electoral systems prevalent in Malta with special focus on that relating to the election of MPs, their respective electoral process and the main protagonists in elections – political parties and their financing. Linked to elections are popular referenda that are also referred to.
Other sections introspects recent constitutional amendments that were ongoing or being concluded when this work was being finished and foreign influence on Maltese Law.[]It also contains an introductory chapter on human rights that is further developed in Volume II, Part B.
Dr Ugo Mifsud Bonnici LL.D., President Emeritus of Malta –
Charting the seas of our Constitutional and Human Rights Law is a valiant endeavour on which Professor David Joseph Attard has now embarked in presenting this second volume of his work describing the Maltese Legal System. In other areas of law the development in Malta has been rather more uniform and even. Our Constitutional Law is the end result of a succession of political events and upheavals, especially before the attainment of Independence fifty years ago, but which did not stop at that point. Our accession to the European Union has produced a further realignment whilst the system was still being weaned away from total dependence on British Public Law. This rich and complex second Volume is by no means a simple exposition of the state of Maltese Constitutional and Human Rights Law as surmised by the author; it is also a compendium of the sources and in addition an updating of the disagreements and disputations between the scholars in this field.