The exhaustion rule, exhausted

Abstract

The Constitution of Malta in Article 46 provides that in a human rights action, the Court may, if it considers it desirable so to do, decline to exercise its jurisdiction if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.' This provision is contained in a proviso to Article 46(2). The latter sub-article provides that a Court may 'make such orders, issue such writs and give such directions' as it feels appropriate to remedy a human rights violation. The positioning of this provision next to the remedial powers section, as shall be argued later on, speaks volumes about the true nature of this 'exhaustion rule'. [excerpt]