| CODE | PBL2015 | ||||||||||||
| TITLE | Administrative Law | ||||||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||||||
| MQF LEVEL | 5 | ||||||||||||
| ECTS CREDITS | 8 | ||||||||||||
| DEPARTMENT | Public Law | ||||||||||||
| DESCRIPTION | The study-unit covers the area of the General Principles of Administrative Law, The Agencies of Government and their function and Administrative Law under a comparative and E.U. Law perspective. The study-unit looks at the nature of Administrative Law and its relations to Constitutional Law; as well as the different types of Administrative Law systems operative in democratic constitutions. Problems of redress of grievances and functions of the executive from the point of view of their control and limitations are focal points in this study-unit as well as judicial review which are gone into in depth. The study-unit also comprises a study of the institutions of Government, the organisation of the civil service, public corporations and local authorities and examines the functions, duties and legal responsibilities of these institutions in a modern democratic society. The main topics covered include the Constitutional foundations of the administration of the State, the purpose of administrative action, public duties, the workings of the Executive, access to public employment, conditions of service and discipline of public officers, the Public Service Commission, access to information held by public authorities, the freedom of expression of public officers, conflict of interest in the public service, public finance, Local Councils, public corporations and government owned companies, the Ombudsman, and the accountability of the public sector. Administrative Law is also looked at from a comparative perspective and the student will be asked to familiarise himself with other Administrative Law systems operative in democratic Constitution especially within the E.U. framework. The impact of E.U. Law on Administrative Law is also dealt. Learning Outcomes: On completion of this study-unit, students should: - Know which are the General Principles of Administrative Law; - Be able to compare and contrast Maltese Administrative Law with British, French and E.U. Administrative Law; - Understand better the workings of the public administration; - Learn in more detail the workings of the Executive organ of the State and how the Executive is accountable in its duties to the Legislature and to the Judiciary; - Familiarise oneself with the leading judgments in the realm of Administrative Law; - Delve deeper into judicial review of administrative action and governmental liability. Selected Bibliography: - Hilaire Barnett 鈥淐onstitutional and Administrative鈥� 4th Edition. - J. Beatson and Tridimas 鈥淓uropean Public Law鈥� Hart Publishing. - Tonio Borg 鈥淛udicial Review of Administrative Action in Malta鈥� Kite Publishers. - Tonio Borg 鈥淟eading Cases in Maltese Administrative Law鈥� Kite Publishers. - Tonio Borg 鈥淢altese Administrative Law鈥�, Kite Publishers. - Claire De Than and Edwin Shorts 鈥淧ublic Law and Human Rights鈥� Sweet and Maxwell. - J. F. Garner 鈥淎dministrative Law鈥� Butterworth. - Ian Loveland 鈥淐onstitutional Law, Administrative Law and Human Rights: A Critical Introduction鈥� Oxford University Press. - Ivan Mifsud "Judicial Review of Administrative Action in Malta. An Examination of Article 469A COCP and of Judicial Review in General" BDL Publishers. - Ivan Mifsud 鈥淭he Ombudsman Remedy in Malta; Too Soft a Take on the Public Administration?鈥� BDL Publishers. - Lucio Pegoraro and Angelo Rinella 鈥淚ntroduzione al Diritto Publico Comparato鈥� CEDAM, 2002. - Jurgen Schwarze 鈥淓uropean Administrative Law鈥� Luxembourg: Office for Official Publication of the European Communities, 1992. - John Stanton & Craig Prescott 鈥淧ublic Law鈥� Oxford University Press, 2018 2020. - William Wade and Christopher Forsyth 鈥淎dministrative Law鈥� Oxford University Press. - Woolf De Smith and Jowell 鈥淛udicial Review of Administrative Action鈥� Sweet and Maxwell. - Robert Musumeci 鈥淒ecoding Administrative Law鈥� Kite Publishers, 2023. |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Tonio Borg Peter Grech Robert Musumeci |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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