Law Of Malta
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Law Of Malta
The law of Malta incorporates continental law, common law and 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, French law- Napoleonic Code, British law-Common Law, European Union law, international law, and customary law 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 reports 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 ...
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Malta
Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies south of Sicily (Italy), east of Tunisia, and north of Libya. The official languages are Maltese and English, and 66% of the current Maltese population is at least conversational in the Italian language. Malta has been inhabited since approximately 5900 BC. Its location in the centre of the Mediterranean has historically given it great strategic importance as a naval base, with a succession of powers having contested and ruled the islands, including the Phoenicians and Carthaginians, Romans, Greeks, Arabs, Normans, Aragonese, Knights of St. John, French, and British, amongst others. With a population of about 516,000 over an area of , Malta is the world's tenth-smallest country in area and fourth most densely populated sovereign cou ...
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European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ...
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Legal Procurator
A legal procurator is a warranted legal professional in Malta, Argentina and some other countries, who assists advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...s in lawsuits in courts of various levels. In Malta, a legal procurator also has rights of audience in lower courts of that country. The profession also existed until recently in Italy, until it was abrogated and all legal procurators were given the right to practise as advocates. External links Information on Legal Procurators from Malta Ministry for Justice and Home Affairs website Legal professions Law of Malta {{Malta-stub ...
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Chief Justice Of Malta
The Chief Justice of Malta is the primus inter pares of the members of the Maltese judiciary and leads the business of the Superior Courts of Malta. Appointment The Chief Justice is appointed by the President of Malta by a two-thirds resolution of the House of Representatives of Malta The Parliament of Malta ( mt, Il-Parlament ta' Malta) is the constitutional legislative body in Malta, located in Valletta. The parliament is unicameral, with a democratically elected House of Representatives and the President of Malta. By const .... The Judicial Appointments Committee, which is in charge of recommending the appointment of the members of the judiciary, is not consulted on the appointment of the Chief Justice. This to ensure that the outgoing Chief Justice would not have a say on the choice of his/her successor.{{Cite web, url=http://www.independent.com.mt/articles/2017-12-30/local-news/New-Chief-Justice-to-be-appointed-by-government-in-consultation-with-the-Opposition-673618 ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Parliament Of Malta
The Parliament of Malta ( mt, Il-Parlament ta' Malta) is the constitutional legislative body in Malta, located in Valletta. The parliament is unicameral, with a democratically elected House of Representatives and the President of Malta. By constitutional law, all government ministers, including the Prime Minister, must be members of the House of Representatives. Between 1921 and 1933 the Parliament was bicameral, consisting of a Senate ''(Senat)'' as well as a Legislative Assembly ''(Assemblea Leġiżlattiva)''. House of Representatives of Malta The House of Representatives ( mt, Kamra tad-Deputati) is the unicameral legislature of Malta and a component of the Parliament of Malta. The House is presided over by the Speaker of the House. The President of Malta is appointed for a five-year term by a resolution of the House. Composition The House is composed of an odd number of members elected for one legislative term of five years. Ordinarily, five members are returned from each o ...
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London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as '' Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished fr ...
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Customary Law
A legal custom is the established pattern of behavior that can be objectively verified 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 where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Continental Law
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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