Law of Malta
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The
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
of
Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
incorporates
continental law Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which re ...
,
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
an
local traditions
such as Code de Rohan. A municipal code was enacted in 1784 and replaced in 1813. Maltese law has evolved over the centuries and reflected the rule of the context of the time. At present Malta has a mixed-system codification, influenced by
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
, French Napoleonic Code,
English Common Law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality bef ...
,
European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
,
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
, and
customary law A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists wher ...
established through local customs


Constitution

The constitution of 1964 replaced that of 1961.


Legislation

The legislature is the Parliament of Malta. Legislation includes codes and Acts of Parliament. Legislation once included the bando and prammatica (or pragmatic).


Cases and reports

Collections of
law report A or is a compilation of Legal opinion, judicial opinions from a selection of case law decided by courts. These reports serve as published records of judicial decisions that are cited by lawyers and judges for their use as precedent in subsequ ...
s include: *Repertorio de Decisioni. This volume of reports covers the period from 1713 to 1838.Maxwell. A Complete List of British & Colonial Law Reports and Legal Periodicals. Sweet & Maxwell. London. Carswell Company. Toronto. 1913
p 66
*Collezione di decisioni dei tribunali.Sherman. Roman Law in the Modern World. 1922. vol 3
p 37
These four volumes of reports cover the period from 1839 to 1842. *Decisione scelte della corti superiori. This volume of reports covers the period from 1847 to 1849. *Collezione di decisioni dei tribunali superiori. These reports cover a period that begins in 1854.


Courts and judiciary

There are Superior Courts, including the Court of Appeal, the Court of Criminal Appeal and the Constitutional Court. There was a Supreme Council of Justice. There is a Chief Justice of Malta.


Legal practitioners

Practitioners include legal procurators and advocates.


Criminal law

Legislation has included the Criminal Code of 1854Winterton and Moys (eds)
p 310
(c 9), the Criminal Code (Amendment) Act 1963, the Criminal Code (Amendment) (No. 2) Act 1963, the Criminal Code (Amendment) Act 1966 (No 43), the Criminal Code (Amendment) Act 1967 (No 2), the Criminal Code (Amendment) (No. 2) Act 1967 (No 25), the Criminal Code (Amendment) Act 1972 (No 33), the Criminal Code (Amendment) Act 1973 (No 2), the Criminal Code (Amendment) (No. 2) Act 1973 (No 3), the Criminal Code (Amendment) Act 1974 (No 4), and the Criminal Code (Amendment) (No. 2) Act 1974 (No 8).


References


Bibliography

*David Joseph Attard. The Maltese Legal System. Second Edition. Malta University Press. 2013.

*Mark A Sammut. The Law in All Its Majesty: Essays in Maltese Legal History and Comparative Law. Russell Square Publishing Limited. 2016.

*Hugh W Harding. Maltese Legal History under British rule (1801-1836). Printed at Progress Press. Valletta, Malta. 1968
WorldCat
Reprinted by Malta University Press. 1980
WorldCat
*Proclamation No 1 of the 10th March 1854, promulgating Her Majesty's Order in Council giving effect to a Code of Laws and Regulations of Police for the Island of Malta and its Dependencies
Google Books
*F Cremona. The Law on Commercial Partnerships in Malta. University of Malta. 1989

*Andrew Muscat. Principles of Maltese Company Law. Malta University Press. 2007
WorldCat
*Max Ganado, Ganado & Associates Advocates and the Institute of Financial Services Malta. An introduction to Maltese Financial Services Law. Allied Publications. Valletta, Malta. 2009
WorldCat
*Simone Borg and Louise Spiteri. Environmental Law in Malta. Kluwer Law International. 2010
Google Books
*Kevin Aquilina. Media Law in Malta. Kluwer Law International. 2014.


External links


Guide to Law Online - Malta
from the
Library of Congress The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
.
Guide to Laws of Malta
from lawsofmalta.com. {{Law in Europe Law of Malta