Attard, David Joseph Archives - Malta University Press

The Maltese Legal System Volume 1

control_mup — Tue, 20 Dec 2022 15:41:59 +0000

The Maltese legal system has never, so far, had the benefit of becoming the object of reflection and study in a comprehensive, encyclopaedic, let alone interdisciplinary manner. The Maltese Legal System Volume I penned by Professor David Joseph Attard is meaningful and professional, takes non-lawyers gently by the hand, opens doors and guides readers through the mazes and mysteries of the main theoretical fundamentals of the law as well as through its practical legal structures.

This monograph is a masterly exposition of Maltese Law; both the substantive part as well as that concerning organization and procedure.

This volume is a scholarly summing up, exhaustive, and well written. It is not only notable for its academic value, but has also great pedagogical virtues. It serves well the purpose of an introduction to Maltese Law for the Maltese student, as well as for the foreign lawyer who would wish to become acquainted with the Maltese way of dealing with law and legal problems. Its clarity recommends it well to the informed general even if ‘lay’ public.

It is divided into five chapters that encompass a myriad of subjects ranging from legal systems to sources of Maltese Law, the legislative process to the interplay between language and law, the various components of the legal professions to the concept of jurisdiction, the structure, functions and composition of the courts of civil jurisdiction to those of criminal jurisdiction.

Overall, it is an introductory vade mecum to the Maltese legal system worth reading.

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The Maltese Legal System Volume 2, Part A

control_mup — Tue, 20 Dec 2022 15:41:59 +0000

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.

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The Maltese Legal System Volume 2, Part B

control_mup — Tue, 20 Dec 2022 15:41:59 +0000

In The Maltese Legal System, Volume II, Part B, Professor David Joseph Attard creates a portrait, a snapshot, of the Maltese legal system. Indeed, it is an entire volume dedicated to salient human rights and fundamental freedoms’ case law. The author does not restrict himself only to local constitutional law and rights, but goes beyond that, into the European Convention on Human Rights and the judgments of the European Court of Human Rights.

Little, if anything, seems to escape the attention and scrutiny of this eminent scholar. One cannot but not notice the painstaking attention to detail. This starts with the division, between protection of human rights in Malta, and the protection of fundamental freedoms in Malta.

The author lists first the protected human rights and, afterwards, the protected fundamental freedoms. He delves through them one by one, first describing the provision and adding any necessary comments pertinent to their understanding, arranging the chosen court judgments under each article.

The author studied the case law in great depth, managed to extract the important issues, and classified the court judgments accordingly. He builds his write up on the particular case, on the particular issue which caught his attention, on what is the salient point.

This seminal volume is seamlessly put together and the principles and the references flow from one to the next. It is not simply a list of ad hoc principles extracted from court judgments, but the fruit of an in depth understanding and scholarly work.

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The Maltese Legal System Set (Volumes 1, 2 A and 2 B)

control_mup — Tue, 20 Dec 2022 15:41:59 +0000

Finally, a published reference explaining all there is to know about the Maltese legal system. Not only does this publication appeal to the legal profession but, more importantly, it offers an opportunity to any citizen to achieve a better understanding of the Laws of Malta, court procedures and legal jargon.

More about these publications:

“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 of British Public Law. This rich and complex second Volume is by no means a simple exposition of the state of 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.” Dr Ugo Mifsud Bonnici LL.D., is President Emeritus of Malta

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