A proposed approach for the Maltese constitutional court in cases of domestic violence

Abstract

This dissertation will delve into the reality of Domestic Violence mostly in the light of the Constitution of Malta and the approach used if there is any of this kind. A study will be done on the main aspects of Domestic Violence in the Maltese scenario, especially regarding the new amendments in the civil and criminal law & the limitations that the constitution has in the same area of study. This dissertation will also be anaylising how Domestic Violence from an unrecognised offence, gained recognition through time. This study will focus aswell on the necessary treatment and regulation within educated societies, which originated through the practice of the rule of law & the national constitutional approach that comes with it. A deep study will be conducted mentioning European laws and Conventions, and their huge impact on the Maltese legislation which are now reflected through the new amended Gender-based Violence and Domestic Violence Act. To conduct this dissertation, furthermost of the information gathered relied on qualitative research so that to get a good grasp of understanding of the underlying principles of this subject. Domestic Violence is a sensitive and strenuous setting for the state, to tackle both legally and socially. Domestic violence legislation is highly affected by both legislatures and judiciary from a practical perspective. Although most legislative attempts concentrate on these two distinct organs of government, there is no recognition of the reality that a state's legal solution to domestic abuse exists in the constitution accept for the issue of discrimination. Since no clear definition of domestic violence istruly enshrined in the Maltese Constitution, a proposed approach by the writer has been conducted in this study. This study will analyse the Maltese law and its function together with it’s lacking criteria. The writer also looked in deep where the issue of Domestic Violence can be found and re-enforced in the same constitutional area & what new measures are being taken in different areas and departments of the state in a cognitive way to safe guard individuals that find themselves in the ambit of Domestic Violence. This research conducted will mainly allow us to fully understand the position of the Maltese constitution & its approach if there is any in cases of Domestic Violence & what does the government entities, NGOs and other facilities are undertaking to improve and safe guard vulnerable individuals in the sphere of Domestic Violence in order to overcome such phenomenon in the Maltese constitutional courts.