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Introduction to Judicial Review of Administrative Action at Malta

Intro to visit our website ( of Administrative Action at Malta An integral and pertinent part of administrative law is your judicial review of administrative action. Judicial review is the process by which a decision of a government department, agency or authority, may be reviewed and finally annulled by the courts if it moves counter to law.

The action is available to anybody who's aggrieved by a government decision or activity which concerns them. However, in spite of any legislative article, judicial review may be said to be an inherent ability of the courts on the basis of the doctrine of the separation of forces adopted by any nation which seems to be more democratic.

Brief Background The philosophy of Maltese Judicial Review of Administrative activity is akin to the English philosophy on Judicial review. This is so since the basis of Maltese Enforcement legislation is English Common Law. Even before any codified legislation on judicial review existed (1964-1981) our courts still asserted their power of review of administrative actions by relying upon English Common law principles of judicial review.

Article 469A states:"Saving as is otherwise provided by law, the courts of justice of civil jurisdiction may enquire into the validity of any administrative act or declare such act null, invalid or without influence just in the following cases: (a) where the administrative action is in violation of this Constitution; (b) when the administrative action is ultra vires on any of the following grounds: ii.when such act emanates from a public authority that is not authorised to do itor ii. When a public authority has failed to observe the principles of natural justice or compulsory procedural requirements in performing the administrative action or in its prior deliberations thereon; or iii. If the administrative action constitutes an abuse of the public power's power in it is done for improper purposes or on the basis of irrelevant considerations; or iv. When the administrative action is otherwise contrary to law.'

An administrative act or even a government decision or activity comprises inter alia, the issue of licences, justify, licenses in addition to orders. visit this website ( Prescriptive Period within which to submit an Action The action contrary to a government or other public authority is to be lodged in court within six months from the day upon which the authorities decision or action is taken, or licence or permit is officially issued, or by the day the aggrieved learned of such a decision.
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