Natural justice in administrative law

Abstract

It must be pointed out at the outset that Maltese public law has tended to follow English public law. Not only that, but it has often been held that where there is a lacuna in Maltese public law, English public law will apply. This has remained the position after Malta obtained independence in 1964. One should note that the Independence Constitution of 1964 confirmed the position as it obtained until the 21st September 1964, i.e. where there is a lacuna in Maltese public law, English public law, as it obtained before that date, will apply. Possibly, the Courts will not disregard subsequent development, however, it would be up to the legislature to fill any lacuna which may arise. As regards Administrative Law, what has been said above is of great relevance. Maltese Administrative Law is by and large a reflection of English Administrative Law. When one has to analyse the historical and philosophical origin of ‘Natural Justice’, one cannot do other wise but refer amply to the position as it occurred throughout the years in England. In fact, it would be correct to say that the philosophical and historical origins of the rules of natural justice in England is perfectly applicable to Maltese law. Any differences between the two which may arise will be pointed out as the occasion arises.