Speech at book launch, Maltese administrative law by Prof. Tonio Borg

Abstract

Since 1994 I've been fascinated by Administrative Law. I could never explain why; I just was. I was just taken in by Professor Ian Refalo describing in those days the 'new bill' which was going to introduce 469A COCP auguring a restoration of judicial powers though never to pre-Act 8 of 1981 levels, the judicial fallacy Paolo Busuttil v Clement La Primaudaye which questionable as it was had such a profound effect for so many ensuing decades; goodness knows how many times I closed my eyes and imagined in the olden days the police carrying out a raid, noticing something black (black dust) and throwing it away, and the owner of the shop saying "oh my gold dust!" (most probably in Italian, or in Maltese back in the day). I have wondered why, why, why Judge Baron Chapelle took the approach he did, adopting the doctrine of Dual Personality which should never have been, and even more why Sir Adriano Dingli accepted it and confirmed it on appeal in such a short judgment. Did I recognize in those early days, the importance of Administrative Law? I always reasoned that while other areas might increase and decrease in _significance with the passage of time, there will always be government, there will always be a public ad.ministration, there will always be decisions taken by people paid from our taxes which decisions could be of particular consequence to our lives, I always recognized the power which the government enjoys over our lives, the importance of such power being wielded correctly and in accordance with the law; the importance of there being a balance between the government which enjoys such wide powers, the government which can make or break peoples' lives and, the individual.