Announcements

Academy Documents

Please access the Students' Policies & Forms through this link. The following documents are all available in the link - Student Handbook, Student Code of Conduct,  Students' Privacy Notice, Deferral, Suspension, and Cancellation Policy, Assignment Extension Policy, Re-Sit Policy, Complaints Procedure Policy, Equality Policy and Student Disciplinary Policy.

Online Sessions Link

To connect to the online sessions of this module please click on this link. You will be asked to register your attendance if you are not already signed in into your Zoom account. You will also be asked for the password which is below.

Meeting ID: 872 9977 6274
Passcode: 97249

Make sure that you show with your name & surname as you have been registered for the study programme. This is very important for attendance purposes.

Lecture Schedule & Notes

Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.

Lecturer/s  

Prof. Tonio Borg

Lecture Summaries & Suggested Reading 

Lecture 1 - Introduction to Administrative Law

• Introduction.
• Definition and purpose of Administrative Law.
• Comparison and links with Constitutional Law.
• Sources of Maltese Administrative Law and explanation of sources.
• Sources: Constitution, Ordinary Law, Conventions, EU Law, judgments, writings of scholars.

Core Reading List

• Maltese Administrative Law, 2020, Borg T., Kite Group
• Wade and Forsyth Administrative Law 10thEd. 2009
• Decoding Administrative Law, Robrt Musumeci, Kite Group 2023

Lecture 2 - Structures Within the Public Administration

• The Structure of the Public Administration.
• The legislative, judicial and executive powers of the Administration and controls of such powers

Core Reading List

• Maltese Administrative Law, 2020, Borg T., Kite Group
• Wade and Forsyth Administrative Law 10thEd. 2009
• Decoding Administrative Law, Robrt Musumeci, Kite Group 2023

Lecture 3 - Inquiries and Tribunals

• The Administrative Justice Act.
• Public and Magisterial Inquiries.
• The nature of Administrative Tribunals.
• Judicial Control of Administrative Tribunals.
• Constitutional restrictions on criminal proceedings.
• The Ombudsman.
• Commissioner Standards in Public Life.

Core Reading List

• Maltese Administrative Law, 2020, Borg T., Kite Group
• Decoding Administrative Law, Robrt Musumeci, Kite Group 2023

Supplementary Reading List

• Schwarze, J., 2006. European administrative law. London: Sweet and Maxwell.
• Jones, B. and Thompson, K., 2005. Garner's administrative law. London: Butterworths.

Lecture 4 - Local Governments. attorney General and State Advocate

• Magisterial Inquiries and Ad hoc Inquiries.
• Local Government composition, elections, function.
• The offices of Attorney General and the State Advocate; comparison and contrast.
• Procedural Privileges in Favour of Government in court litigation.

Core Reading List

• Maltese Administrative Law, 2020, Borg T., Kite Group
• Wade and Forsyth Administrative Law 10thEd. 2009
• Decoding Administrative Law, Robrt Musumeci, Kite Group 2023

Lecture 5 - Judical Review & Judgements

• Judicial Review of Administrative Action.
• Article 469A and 469B of Chapter 12 of Laws of Malta.
• Grounds of Review: excess of authority, procedural ultra vires, rules of natural justice, abuse of power.
• Procedural Obstacles in Judicial Review.
• Landmark judgments on subject.

Core Reading List

• Maltese Administrative Law, 2020, Borg T., Kite Group
• Decoding Administrative Law, Robrt Musumeci, Kite Group 2023

Methods of Assessment

Two Assignments 100% of final score

Assignment

You have to choose 2 out of the 4 questions which are available in the Assignment Submission form below. Assignments should be submitted by not later than Thursday 25 January 2024. The assignments have to be submitted separately but to each there must be attached the Assignment Submission Form. Please indicate the questions which you have addressed in the Assignment Submission form.

Assignment Submission Form

If you need information on how to plan, draft and submit your assignment follow the 21 Academy presentation on Writing and Submitting your Assignment.

We are also making the 21 Academy's Assignments Rubric available for your guidance. This is a performance-based assessment tool. Tutors will use the rubric to assist them to allocate scoring while it allows students to understand what is required in the assignment and how it will be graded. For referencing purposes, as much as possible please use the Oscola Referencing Guide.

Submitting Assignment - Turnitin

The Academy will notify you that assignment questions are available through an email. Through another email sent to you by turnitin (probably on the same day) you will be notified that you have been added to a "class" where you may upload your assignment/s. Assignments should be submitted by not later than 23:59hrs of the assignment submission deadline shown on the Assignment Submission form and/or the "class".

At 21 Academy you can submit more than one draft of your assignment before the submission final deadline. The last version left uploaded at the submission deadline will be considered to be your final submission paper and will be the one which will be assessed. Make sure that your final submission does not go beyond 20% similarity when including direct quotations (the sentences in-between quotes).

Follow this very short video to understand how to submit your assignment through turnitin - submitting a paper

To understand the similarity report generated by turnitin follow this 1 minute video - understanding the similarity report

Referencing Style

Oscola Referencing Guide

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