Judicial review of administrative action in Malta : an examination of Article 469A COCP and of judicial review in general

Abstract

In Judicial Review of Administrative Action in Malta it is argued that Article 469A COCP served to liberate the Maltese Courts of Justice from the constraints imposed by Act VIII of 1981. More than twenty years after article 469A COCP was enacted, the author dissects this legal provision and examines the manner in which its different elements have come to be interpreted and applied by the Maltese Courts. Judicial review beyond that of administrative action is also explored, with a view to helping the reader to comprehend how the relevant provisions of Maltese law are interpreted and applied. The reader is also invited to contemplate whether it is time for Parliament to consider fresh legal amendments.