Announcements

09/06/2022 - As you are aware, from the coming week, there will be two sessions a week of the Award in Constitutional Law module. These were meant to be held on Mondays and Thursdays. During the coming week only, the sessions will be held on Monday and Tuesday as Dr Borg us unavailable on Thursday 16 June due to travel commitments. You can see the lecture dates in the table below.

Online Sessions Link

To connect to the online sessions of this module, except for the first session, 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: 947 6281 8501
Passcode: 907318

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  

Dr 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.
• Definition.
• Written and Unwritten Constitutions.
• Different Types of Constitutions:  Federal and Unitary, flexible and rigid.
• Supremacy of the Constitution.

Core Reading List

• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016)
• Kevin Aqulina : Constitutional Law in Malta (Wolters Kluwer) 2018)

Supplementary Reading List

• O. Hood Phillips Constitutional and Administrative Law

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

• Tonio Borg: Commentary on the Constitution of Malta (Kite) (2016)
• Kevin Aqulina : Constitutional Law in Malta (Wolters Kluwer) 2018)

Supplementary Reading List

• O. Hood Phillips Constitutional and Administrative Law

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)

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)

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)

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 have to choose 2 out of the 4 questions which will be made available in the Assignment Submission form below. Assignment should be submitted by not later than Friday 22 July 2022. The assignments have to be submitted together with 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.

Assignment should be sent accompanied by the respective assignment submission form on info@advisory21.com.mt. Please send assignments in pdf format. Do not scan assignment but convert/save it directly to pdf.

Note that the submitted assignment will be scanned for plagiarism.

Referencing Style

Oscola Referencing Guide

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