Announcements

Academy Documents

Kindly access the Students' Policies & Forms by clicking on the button below. The following documents, among others, can be found there: 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.

Students' Policies & Forms

Online Sessions Link

To join the online sessions for this module, please click on the button below. If you are not already signed in to your Zoom account, you will be prompted to register your attendance. You will also need to enter the password provided below.

Join Session

Meeting ID: 897 6875 0985
Passcode: 140866

Please ensure that your name and surname appear as registered for the study programme, as this is essential for recording your attendance.

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 Constitutional Law

The following topics will be covered in this lecture:

• What is Constitutional Law.
• Written and Unwritten Constitutions.
• Different Types of Constitutions , Federal and Unitary, flexible and rigid,
• Supremacy of the Constitution.
• Sources of Constitutional Law.

Core Reading List

• O. Hood Phillips Constitutional and Administrative Law
• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016) ;
• Kevin Aqulina : Constitutional Law in Malta (Wolters Kluwer) 2018)
• Cremona, J, 1994. The Maltese Constitution and Constitutional History Since 1813. Malta: Publishers Enterprises Group.

Supplementary Reading List

• John Stantrion and Precott Public Law Oxford University Press
• Bonello, G., n.d. Misunderstanding the Constitution – How the Maltese judiciary undermines Human Rights.
• Cremona, J., 1996. Malta And Britain: The Early Constitutions. Publishers Enterprises Group.

Lecture 2 - Sources of Constitutional Law

The following topics will be covered in this lecture:

• Sources of the Constitution.
• Laws, EU Law, Conventions, Case Law, Lacuna Doctrine Writings of Jurists EU Law.

Core Reading List

• O. Hood Phillips Constitutional and Administrative Law
• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016) ;
• Kevin Aqulina : Constitutional Law in Malta (Wolters Kluwer) 2018)
• Cremona, J, 1994. The Maltese Constitution and Constitutional History Since 1813. Malta: Publishers Enterprises Group.

Supplementary Reading List

• John Stantrion and Precott Public Law Oxford University Press
• Bonello, G., n.d. Misunderstanding the Constitution – How the Maltese judiciary undermines Human Rights.
• Cremona, J., 1996. Malta And Britain: The Early Constitutions. Publishers Enterprises Group.

Lecture 3 - Constitutional Doctrines

The following topics will be covered in this lecture:

• The doctrine of the separation of powers and the rule of law as applicable in Malta and in democratic countries.
• Difference between Presidential and Parliamentary systems.
• The modern concept of the Rule of Law

Core Reading List

• Tom Bingham The Rule of Law (penguin)2010)

Lecture 4 - The President of Malta

The following topics will be covered in this lecture:

• Powers of the President of Malta.
• Method of election and Removal.
• Prerogatives of the President

Core Reading List

• David Attard:  Maltese Legal System Volume II- Malta University Press
• Tonio Borg: Commentary on the Constitution of Malta (Kite)(2016)

Lecture 5 - Parliament

The following topics will be covered in this lecture:

• Introduction to House of Representatives.
• Method of Election, Disqualifications.
• Electoral System.
• Corrective Electoral Mechanisms.
• How Bill becomes Act of Parliament

Core Reading List

• David Attard:  Maltese Legal System Volume II- Malta University Press
• Tonio Borg: Commentary on the Constitution of Malta (Kite)(2016)

Lecture 6 - Executive and Other Offices

The following topics will be covered in this lecture:

• Composition of Executive.
• Office of Prime Minister.
• The Cabinet.
• Collective Responsibility of Executive
• Powers of Executive.
• Leader of the Opposition.
• Attorney General.
• State Advocate.

Core Reading List

• Tonio Borg: Commentary on the Constitution of Malta (Kite)(2016)

Lecture 7 - Judiciary and Human Rights Law

The following topics will be covered in this lecture:

• Composition of the Constitutional Court and Jurisdiction of Court.
• History of Human Rights Law in Malta.
• Chapter IV of the Constitution and the European Convention on Human Rights. Right to Life, Right to Liberty, Freedom from Forced  Labour, Protection from Inhuman   Punishment or Treatment

Core Reading List

• David Attard:  Maltese Legal System Volume II- Malta University Press
• Tonio Borg: Commentary on the Constitution of Malta (Kite)(2016)

Supplimentary Reading List

• Bonello, G., n.d. Misunderstanding the Constitution – How the Maltese judiciary undermines Human Rights.

Lecture 8 - Human Rights Law

The following topics will be covered in this lecture:

• Remaining Rights under Chapter 4. Right to Property, Right to Fair Trial, Freedom of Expression Assembly and Association, Freedom from Discrimination. Private and Family Life.
• Enforcement of Human Rights in Malta and before European Court of Human Rights.

Core Reading List

• David Attard:  Maltese Legal System Volume II- Malta University Press
• Tonio Borg: Commentary on the Constitution of Malta (Kite)(2016)

Supplimentary Reading List

• Bonello, G., n.d. Misunderstanding the Constitution – How the Maltese judiciary undermines Human Rights.

Lecture 9 - Commissioner Standards Public Life and Financial Provisions

The following topics will be covered in this lecture:

• Appointment of Commissioner.
• Functions and  Jurisdiction.
• Method of Investigation of Complaints.
• Parliamentary Committee on Standards

Core Reading List

• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016)

Supplimentary Reading List

• Bonello, G., n.d. Misunderstanding the Constitution – How the Maltese judiciary undermines Human Rights.

Lecture 10 - Constitutional Commissions and Authorities

The following topics will be covered in this lecture:

• Electoral Commission.
• Commission for the Administration of Justice.
• Public Service Commission.
• Broadcasting Authority.
• Employment Commission.
• Ombudsman: Election and Powers.

Core Reading List

• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016)

Methods of Assessment

2 out of a choice of 4 assignment titles - 100% weighting

Assignment

You are required to choose two of the four questions available in the Assignment Submission Form made available by clicking the button below. The assignment must be submitted no later than Thursday, 10 July 2025, along with the Assignment Submission Form. Please ensure that you indicate the question you have addressed on the Assignment Submission Form.

The Assignment Submission Form will be made available here at a later date.

For guidance on how to plan, draft, and submit your assignment, please refer to the 21 Academy presentation on Writing and Submitting Your Assignment by clicking the button below.

Writing and Submitting Your Assignment

We are also providing the 21 Academy's Assignments Rubric for your reference. This rubric is a performance-based assessment tool that tutors will use for grading, and it will help you understand the requirements of the assignment and how it will be assessed.

Assignments Rubric

For referencing purposes, please use the OSCOLA Referencing Guide available by clicking the button below.

OSCOLA Referencing Guide

Submitting Assignment - Turnitin

The Academy will notify you via email when the assignment questions become available. Shortly after, you will receive another email from Turnitin, likely on the same day, confirming your enrolment in a "class" where you can upload your assignment(s).

Please ensure that your assignments are submitted no later than 23:59 on the assignment submission deadline, as indicated on the Assignment Submission form or in the Turnitin "class."

At 21 Academy, you have the option to submit multiple drafts before the final submission deadline. The version uploaded at the deadline will be treated as your final submission for assessment. Please note that Turnitin evaluates the same assignment twice within a 24-hour period, so any additional submissions during this time will not be reviewed until the 24-hour period has passed. Ensure that your final submission does not exceed 20% similarity, particularly when using direct quotations.

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

Law students should use the OSCOLA referencing style as it is the standard citation system for legal writing in Malta. It ensures consistency, accuracy, and clarity when referencing legal sources, which is essential for academic and professional work. The video below provides detailed guidance on how to reference using OSCOLA. Please also refer to the OSCOLA Referencing Guide by clicking the button below

OSCOLA Referencing Guide