The sphere of application of the rules of natural justice in terms of Article 469A of Chapter 12 of the laws of Malta

Abstract

This Dissertation seeks to find the sphere of application of the principles of natural justice in the context of Article 469A of the Code of Organisation and Civil Procedure. The foundation of these principles, ‘audi alteram partem’ and ‘nemo judex in causa propria’, have been incorporated into our law from Common Law and have extended and evolved into other principles and a larger sphere of application. This write-up will delve into this expansion and this shall be done through an examination of the current laws, landmark cases from Common Law and Maltese Law, and recent cases from local jurisprudence. Examining current laws on the rules of natural justice presents us with one issue: lack of definition and guidance. While Article 469A (1) (b) (ii) merely mentions such principles, therefore lacking both definition and guidance, Article 3 of Chapter 490 ‘Administrative Justice Act’ defines the principles of ‘good administrative behaviour’. It is imperative to note that the definitions of Chapter 490 only aid the lack of definition in article 469A and not its sphere of application, as the Administrative Justice Act only applies to Tribunals and not administrative bodies. Looking into the Landmark cases emerging from Common Law and Maltese Law, one can see the gradual transition of the application of the rules of natural justice from strictness to a more liberal application. This leads us to the current sphere of application as we analyse very recent cases to try and discover the boundaries of the sphere of application, if the courts have a common ideology of such sphere of application and if such sphere has expanded too much or if it indeed needs even more development.