| CODE | PBL1011 | ||||||||
| TITLE | Parliament: Functions, Procedure, Practice and Field Studies | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Public Law | ||||||||
| DESCRIPTION | This study-unit will discuss the functions of Parliament: as a debating forum, its business, its procedures and influence on society. It will study parliamentary privilege, contempt of the House, political party organisation in parliament, the parliamentary group, the whips, financial assistance to the Opposition, the functions of the elected officers – the Speaker and Deputy Speaker and of the House’s staff – the Clerk of the House and her staff, the President’s speech and the Committees of the House of Representatives. Another aspect will deal with the procedures for the conduct of business contained in the Standing Orders of the House, rulings from the Chair, statutory procedures. It will focus on the processes of the House of Representatives – Sessions and Sittings, forms of procedure and the legislative process. The role of the Opposition and of Parliamentary Officers (the Auditor-General and the Ombudsman) will also be highlighted. It will also discuss the new role of Parliamentary Assistants and the workings of the Select Committee. Study-unit Aims: The study-unit aims are the following: - To familiarise the student with Maltese constitutional law regulating Parliament; - To familiarise the student with case law of the European Court of Human Rights and Maltese Courts regarding Parliament; - To familiarise the student with the relationship of Parliament and the other two organs of the State; - To familiarise the student with the Officers of the House and the business dispatched by the various Sub-Committees of the House; - To familiarise the student with the workings of the Committees of the House of Representatives; - To familiarise the student with the international associations of which the House of Representatives is a member. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Know and be in a position to advise on Maltese law regulating parliamentary procedure and how Parliament functions both in Malta and in the United Kingdom; - Know and be able to advice on the pertinent Maltese and U.K. case law relating to parliamentary procedure; - Write about the relationship between the three organs of the state (Legislature, Executive and Judiciary) and the extent to which one organ balances the other two organs; - Report on the powers of Parliament, how it controls Government and how it can be controlled by the judiciary when it acts beyond its powers. 2. Skills: By the end of the study-unit the student will be able to: - Identify the provisions of Maltese Law dealing with parliamentary procedure; - Trace case law on parliamentary procedure; - Advise a client on parliamentary privilege and the procedure regulating contempt of the House of Representatives; - Critically appraise the lacunae and difficulties posed by Maltese Constitutional Law in so far as Parliament is concerned. Main Text/s and any supplementary readings - J.A.G. Griffith, Michael Ryle and M.A.J. Wheeler-Booth, ‘Parliament: Functions, Practice and Procedures’, London: Sweet & Maxwell, 2003. - Philip Norton, ‘Parliament in British Politics’, Harvester Wheatsheaf, 1993. - Mark Anthony Mifsud Cutajar, ‘Representation in Parliament and Governmental Stability’, LL.D. thesis, Faculty of Laws, University of Malta, 2002. - Owen Bonnici, ‘The Office of the Speaker: His Role and Functions’, LL.D. thesis, Faculty of Laws, University of Malta, 2004. - Trevor de Giorgio, ‘The Constitutional Implications of a Hung Parliament’, LL.D. thesis, Faculty of Laws, University of Malta, 2006. - The Maltese Legal System Volume II :Constitutional and Human Rights law Part A(Malta University Press) (2015) by Professor David J. Attard. - A Commentary on the Constitution of Malta (2016)(Kite) by Dr. Tonio Borg. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Owen Bonnici |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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