A Commentary on the Constitution of Malta (Paperback)

Description Third Edition Clear, rigorous, and comprehensive, this book is an indispensable resource for practitioners, scholars, and students of Maltese constitutional law. As Judge Emeritus Giovanni Bonello observed: “Tonio Borg has assumed the role of high priest at the shrine of the Constitution of Malta, and he is more eminently qualified than most to serve that relentless and mellifluous goddess.” Widely regarded as the standard reference on Maltese constitutional law, Professor Tonio Borg’s A Commentary on the Constitution of Malta (third edition) provides a comprehensive update on recent constitutional amendments and landmark judicial developments. This authoritative work analyses the evolving jurisprudence of the Maltese courts alongside significant constitutional reforms, most notably the establishment of the office of the Commissioner for Standards in the Judiciary. It pays particular attention to key areas of constitutional litigation, including the criteria for awarding pecuniary and non pecuniary damages in property cases, the implications of lease law liberalisation, the admissibility of statements made without legal assistance, and the emerging concept of the “trial as a whole.” Professor Borg also addresses more complex questions at the heart of constitutional interpretation: whether one constitutional provision may be declared unconstitutional in light of another; the right of access to the courts in cases involving severe administrative penalties; and the validity of Malta’s laws on the interception of communications. The work examines the procedural obstacles faced by litigants in human rights cases, particularly the requirement of juridical interest before the Maltese courts and the hurdles to pursuing claims before the European Court of Human Rights in Strasbourg. Each of the Constitution’s 124 articles is reproduced and critically annotated, with extensive reference to Strasbourg jurisprudence. A comparative approach highlights convergences and divergences between Maltese and European case law.