A Commentary on the Constitution of Malta: Second Edition: 2022

This is the first analysis of the Constitution of Malta, article by article. This Commentary is a study of the landmark judgments of the Maltese Constitutional Court and an introduction to Maltese Constitutional law.

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.