/library/oar/handle/123456789/16645 Sun, 09 Nov 2025 22:44:55 GMT 2025-11-09T22:44:55Z /library/oar/handle/123456789/19109 Title: The birth of the Republic of Malta Abstract: The 13th December 1974 marks Malta’s shift of status from monarchy to Republic, whereby Malta underwent a transition from a monarchical to a Republican constitution. Despite the arguments that the constitutional amendments of 1974 were far-reaching to the extent of giving rise to the development of a new constitution that fits the description of autochthonous as far as constitutional law is concerned, these were not the origins of a new constitution, but amendments to our 1964 Independence Constitution. As a consequence the birth of the republic of Malta is viewed by many as a political manoeuvre by the Prime Minister at the time, Dominic Mintoff who did not subject the Republican Constitution to popular vote. Conversely, the ‘new’ constitution was debated and approved solely by Parliament, hence, naturally, arguing that there must have existed an intention for not putting it to public scrutiny is clearly legitimate. The Independence Constitution, which was approved by means of a popular referendum, was replaced by the Republican Constitution. In Parliament, the leader of the Opposition and deputies of the Nationalist Party had voted against the constitutional modifications on the basis that the choice did not give the possibility to the people to express their will. Moreover, the Nationalist Party did not approve of the temporary suspension of the supremacy of the Constitution as the Constitution could not be modified by Parliament through a simple majority. This reflects the political clash at the time and raises the question of legitimacy as to how Malta was made to become a Republic. The work term was put before the respect for the fundamental rights and freedoms of the individual, which were the cornerstones of the 1964 constitution. After winning the 1987 election, the Nationalists had two options, either to undo the 1974 Republic or consolidate it. They chose to consolidate it, however, within a European spirit. Thereupon, Malta became a democratic sovereign state and welcomed the notion of supremacy of the Constitution over ordinary legislation. Malta’s transition is described by Antonella Cesarini as a revolution in terms of law due to the modality of transition which could have been easily challenged, yet was not. The Republican system of government which introduced the notion of supremacy of the constitution is workable to date alongside the EU constitutional framework and the governmental systems of MS. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/19109 2016-01-01T00:00:00Z /library/oar/handle/123456789/18222 Title: A critical review : the composition and functioning of the PCRB Abstract: This research project will analyse the composition and functioning of the PCRB. With regards to its composition, a critical review will be adopted by : (a) examining its impartiality and independence in accordance with Article 39(2) of the Constitution of Malta and (b) Article 6(1) of the European Convention on Human rights. (c) Focus will also be directed towards parts which are inherent to the procedural aspect of this Board. (i) The way the witnesses are summoned, (ii) the fees paid by the parties together with the (iii) remedies available for appealing decisions taken by this Board. (d) An in-depth study of the present situation will be aided by the opinions of legal professionals specialised in the Public Procurement sector which the author will gather, analyse and interpret through the use of semi-structured interviews. (e) An attempt at providing recommendations for a better system will then be made. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/18222 2016-01-01T00:00:00Z /library/oar/handle/123456789/17755 Title: The legal principles arising from the European Court of Human Rights on assisted suicide Abstract: This research project deals with the notions of suicide and assisted suicide as developed by the European Court of Human Rights within the scope of Article 8 – the right to respect for private and family life – of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The objective of this research is to present an in-depth analysis of the jurisprudence of the European Court of Human Rights. The implications of the jurisprudence are dissected to reveal how gradually, the Court has developed a right to assisted suicide within the scope of the individual autonomy under Article 8. This work has been divided into four sections. The Introduction sets out the objective of the research project and how the arguments will be presented in reply to the research questions. Chapter 1 deals with the concept of the positive obligations enjoined upon the state by the right to life, explaining their relationship to the negative obligations, as well as briefly discussing suicide and assisted suicide in the landscape of human rights in Europe. Chapter 2 highlights the landmark judgments in this field and how a right to assisted suicide has been developed through the state‘s procedural obligations, while Chapter 3 discusses whether the Court‘s jurisprudence on assisted suicide made the individual‘s autonomy the most supreme value of the European Convention, thereby superseding the right to life. The research spanned through the relevant jurisprudence of the European Court of Human Rights, several journals dealing with the implications of the cases and the European Convention of Human Right, together with various books and papers written by professionals in this field. This research aims to give an overall understanding of the development of the legal principles established by the Court in this field and the gradual recognition of a right to assisted suicide. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/17755 2016-01-01T00:00:00Z /library/oar/handle/123456789/17749 Title: A study in favour of the arbitration of sport disputes in Malta Abstract: The research project's main aim is to look at the situation in Malta as regard to decision making and disciplinary rules in relation to sports law. The research project starts by the true definition of sports, the nature of sports and how it helps each and every individual to grow within a society. Like any other social activity, sport rules are to be followed; therefore in this long essay one discusses whether the legal system in Malta is safeguarding the rights and obligations of each participant. In enforcing law in sports, one tries to achieve sports justice rather than civil justice and this is portrayed throughout the research project. The system used in Malta in relation to dispute resolution arising from disputes is scattered and this makes it difficult for uniform decisions to be taken. Throughout the years the need for something new and innovative was felt. Such need is not only felt by athletes but also by legal professionals working in this field. In this analysis one finds a comparison of the local system to foreign systems in relation to sports for better results to be achieved. It seems that other legal systems have opted for arbitration and other forms of alternative dispute resolutions, which have made this area a more respected field in its own right. By comparing and contrasting the methods being used, one could conclude whether a reform is required in the legal system of Malta or not. Finally, if the need of something new is required, this research project will shed light on what is expected to be achieved. Furthermore, this study would examine how the new system would be working in practice and in relation to the International Court of Arbitration for Sports. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/17749 2016-01-01T00:00:00Z