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A Commentary on the Constitution of Malta, Second Edition (2022), Tonio Borg

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“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. By learning, by dedication, by career, by passion.

 

This is what Tonio Borg has set himself achieve in this truly monumental work – to analyse the text of the basic law, to record how it was understood or misunderstood over the years, to add the critical judgment of an acute mind that has loved the constitution and lived in symbiosis with it. Not many have attempted anything of this magnitude before. No one has succeeded like him with such ease, grace, force and thoroughness.”

 

Giovanni Bonello Judge of the European Court of Human Rights (1998-2010)

 

A landmark feature which this volume exhibits is that it is very much case law driven. Dr Borg does not simply comment on the Constitution’s provisions through his reflections, readings and direct experience in the field, but refers constantly and incessantly to every single decided case related to the provision he is commenting upon.”

 

Kevin Aquilina Former Dean, Faculty of Laws, University of Malta

  • Author:Tonio Borg
  • Format:-
  • Pages:736
  • Year:2022
  • ISBN:-
  • Dimensions:-
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Description

This second edition of Tonio Borg’s A Commentary on the Constitution of Malta covers the far-reaching amendments made to the Maltese Constitution in the last six years, as well as the significant developments in the jurisprudence of the Maltese Constitutional Court during the same period. In particular this work covers the new provisions relating to the appointment of members of the judiciary, and the merits and shortcomings of such new procedure The work examines the new procedure relating to the removal from office of such members  This new edition examines the landmark judgments of the apex court of Malta since the last edition, in particular such issues as the validity of statements made in police detention without legal assistance, the addition of extra parliamentary seats to make good for errors committed by the Electoral Commission in the counting process, the rule that criminal proceedings and hefty administrative penalties can only be decided by a court of law, from the very beginning of the proceedings, as well as the judgments relating to the old protective rent laws which have created a legal earthquake in this area of law.

 

The book refers to more than one thousand judgments delivered by the courts of constitutional jurisdiction. It is a convenient manual for law practitioners, a rich source of information and a well-researched study for scholars and students, and an informative work for anyone interested in how the Constitution of Malta works in practice.

 

Publication Date: 17 October 2022

Additional information

Weight 700 g
Dimensions 245 × 168 cm
Format

Paperback, Hardback

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