Nondiscrimination, gender equality and other principles in Maltese law.
- Media office
- Jan 19, 2019
- 2 min read
The second module of the Cultural Orientation lesson focuses on the Maltese legal system.
Understanding of the Maltese legal system.
History of the constitution of Malta.
Understanding equality and freedom of speech.
Knowledge of the Rights for work and education in Malta.
The Maltese legal system.
The Maltese legal system is what is known as a mixed legal system. To understand this, one must go back to the history of Maltese legal practice over the centuries. Malta's legal system for many centuries was based on the Roman law as codified by the Emperor Justinian and as rediscovered and developed and practiced by the greater part of continental Europe.
With the coming of the Order of St John to Malta the predominance of the Roman law was increased and strengthened. The 1784 Code de Rohan and maritime code of the Consolato del Mare adopted in 1697 adapted Roman law to the circumstances of Malta. The French invasion in 1798 brought about a huge revolution in Maltese law and society but had very little time to establish its roots seeing that the Maltese soon rebelled against the French.
The British, who were invited in to help the war against the French, and then stayed on brought with them a very different legal system. At first, the British took care that the old Roman law remained the basic law as practiced in Malta reserving issues related to the safety and defense of Malta. In time, however, the British introduced more and more legal institutions and principles such as trial by jury, the rules of evidence and the organization of the courts itself. Eventually, this hybrid legal system was broadened and deepened by laws promulgated by the Maltese parliament, especially after the 1964 Independence. The European Union Treaty then was transposed into Maltese law and is now the law of the country.
Comments