Announcements
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: 826 9189 9513
Passcode: 946681
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.
| Lecture | Date | Time | Presentation | Notes (If Any) | Session Recording |
|---|---|---|---|---|---|
| Lecture 01 | 18 April 2023 | 17:30 to 19:30hrs | Constitution of Malta | Request | |
| Lecture 02 | 25 April 2023 | 17:30 to 19:30hrs | Bingham, T., (2011) The Rule of Law | Request | |
| Lecture 03 | 02 May 2023 | 17:30 to 19:30hrs | Separation of Power Session Notes | Request | |
| Lecture 04 | 09 May 2023 | 17:30 to 19:30hrs | Prerogatives of the President | Request | |
| Lecture 05 | 16 May 2023 | 17:30 to 19:30hrs | Constitutional Law and HOR Electoral Result V District 1996 | Request | |
| Lecture 06 | 23 May 2023 | 17:30 to 19:30hrss | Request | ||
| Lecture 07 | 30 May 2023 | 17:30 to 19:30hrs | What has the ECHR ever done for us? | Request | |
| Lecture 08 | 06 June 2023 | 17:30 to 19:30hrs | Session Notes | Request | |
| Lecture 09 | 13 June 2023 | 17:30 to 19:30hrs | Session Notes | ||
| Lecture 10 | 20 June 2023 | 17:30 to 19:30hrs |
Lecturer/s
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 Thursday 20 July 2023. 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.
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
Upcoming related courses...