Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/63411
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dc.contributor.authorVassallo, John M.-
dc.date.accessioned2020-11-05T11:29:59Z-
dc.date.available2020-11-05T11:29:59Z-
dc.date.issued1977-
dc.identifier.citationVassallo, J. M. (1977). Lowell vs. Caruana and governmental liability in Malta. Id-Dritt, 8, 80-93.en_GB
dc.identifier.urihttps://www.um.edu.mt/library/oar/handle/123456789/63411-
dc.description.abstractThe judgement of the Civil Court Ost Hall) in Lowell vs. Caruana, delivered on 14th August, 1972, 3 per the Hon. Mr. Justice Caruana Curran, has cleared the ground for an appreciation of judicial trends in the application, culminating in rejection, of the notion of ius imperii where governmental liability is at issue. The judgement, basing itself upon a logic which repays careful examination for the kind of judicial approach which it articulates, insists that the doctrine of sovereign immunity for the Administration when it acts iure imperii cannot be considered as forming any longer a part of Maltese Law. The doctrine, at least in its more sweeping applications, has been stultifying the better part of governmental liability, namely that of keeping the Administration within the law, wherever and howsoever necessary. Partly as an effect and partly as a cause thereof, judicial control of administrative action in Malta has been inhibited from growing into a body of public law with direct usefulness for the law of governmental liability. It is my intention in the present article to discuss these and other kindred implications as they arise from this judgement.en_GB
dc.language.isoenen_GB
dc.publisherGħaqda Studenti tal-Liġien_GB
dc.rightsinfo:eu-repo/semantics/openAccessen_GB
dc.subjectTorts -- Maltaen_GB
dc.subjectGovernment liability -- Maltaen_GB
dc.subjectLiability (Law) -- Maltaen_GB
dc.titleLowell vs. Caruana and governmental liability in Maltaen_GB
dc.typearticleen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holderen_GB
dc.description.reviewedpeer-revieweden_GB
dc.publication.titleId-Dritten_GB
Appears in Collections:Id-Dritt : Volume 08 : December 1977
Id-Dritt : Volume 08 : December 1977

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