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Legal as disseminated. Subsidiary legislation is also housed in

Legal sources
within the University of Malta Library are located within the Main Library, and
also within the specialised Faculty of Laws and Theology Library.  The latter houses resources in both print and
electronic formats, to support the curriculum and research requirements of the
Faculty of Laws and the Faculty of Theology. 
In addition, this specialised library also contains print dissertations
related to law and theology.

 

 

LOCATION OF LEGAL MATERIALS

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The University of
Malta Library provides access to numerous legal materials and sources of legal
materials, both in hard copy and electronic versions.

 

The various
locations within the Main Library where legal materials can be found are:

 

·        
Melitensia

·        
Second
Floor

·        
Periodicals
section

·        
Reference
section

·        
online

 

 

SOURCES OF LAW

 

When carrying out
research on law and legal topics, it is relevant to distinguish between primary sources and secondary sources of law.

 

Primary Sources

 

Primary sources
are the laws themselves, and are considered mandatory authority that a court
must follow within a jurisdiction. Constitutions, legislation, administrative
regulations, and cases in the same jurisdiction are all primary sources.

 

Malta’s primary
sources of law include the following:

 

·        
The Laws of Malta:
Melitensia contains all the Laws of Malta from 1813 onwards.
The Laws of Malta website1
is a compilation of all the principal legislation currently in force, regularly
updated with amendments and new legislation approved by Parliament.  Therefore, this is the best source for the
current laws of Malta as the website always shows the most current and official
version, with any amendments to existing legislation integrated within the
original text.

·        
Subsidiary legislation:
The Laws of Malta website includes all the subsidiary legislation currently in
force, regularly updated with new Legal Notices and amending Legal Notices as
disseminated.
Subsidiary legislation is also housed in the Reference Department of the Main
Library.

·        
Parliamentary debates:

Melitensia
houses parliamentary debates from 1860 onwards.

Acts
of Parliament are located in the Reference Department.

The
Parlament website2
also provides online access to various documents and reports by parliamentary
committees from current and previous legislatures, Acts of Parliament, Bills,
Ministerial Statements, papers laid, parliamentary questions, motions, and
rulings. It also lists agendas, motions and orders of the day for every
parliamentary sitting, Live streaming and various audio and video links are also
publicly available.

·        
The Constitution of Malta:
The Melitensia stores Maltese constitutions from 1921, 1936, 1947, 1959, 1961,
1964, and 1974. The most current Constitution, together with any subsidiary
legislation made under the Consitution, is accessible online at justiceservices.gov.mt.

·        
Court decisions:
http://justiceservices.gov.mt/courtservices/Judgements/default.aspx comprises judgements given by
the Malta Courts of Justice from 1944 onwards under “Sentenzi Online”. The
system also shows partial judgements (sentenzi in parte).
The Melitensia also houses a collection of judgements given from 1854 to 2004,
called “Kollezzjoni ta’ De?i?jonijiet tal-Qrati Superjuri ta’ Malta”,
and the “Kollezzjoni ta’ De?i?jonijiet tal-Qrati Inferjuri ta’
Malta” (1939/1989).
Various volumes of “Kollezzjoni ta’ De?i?jonijiet tal-Qrati Superjuri ta’
Malta” can also be found online as eBooks through various digital
libraries3,4,5,6

The Reference Department contains a number of other primary sources of Maltese
Law, including:

o   “De?i?jonijiet tat-Tribunal ta’
l-Arbitra??
g?al Malta,
1949-1973”: These are some of the more important Malta Arbitration Tribunal
Awards, related to industrial disputes.

o   “?abra tas-Sentenzi tat-Tribunali
ta’ dawn il-G?ejjer”
(vols 1-65): a collection of the
more important decisions of the main Administrative Tribunals including the
Agricultural Leases Board, the Rent Regulation Board, the old Arbitration Board,
and the Industrial Tribunal.

o   “De?i?jonijiet
Kostituzzjonali 1964-1978”: selection
of decisions from the Malta Constitutional Court

o   “De?i?jonijiet Dwar l-Ippjanar”:
Decisions of the Planning Appeals Board, appeals from these decisions to the
Court of Appeal, and cabinet decisions from the Planning Appeals Board
recommendations.

 

·        
The Malta Government Gazette:
The most up-to-date and official source of Maltese legislation is the
Government Gazette, published twice weekly by the Department of Information,
together with Supplements A, B, C and D. 
Supplement A consists of legislation as it is carried through
Parliament. Supplement B contains subsidiary legislation (regulations, bylaws,
legal notices, and so on). Supplement C contains White Papers and Bills.
Supplement D contains local council bylaws. Issues from 1813 to 2012 of the
Malta Government Gazette and Supplements are available at the Melitensia
Department.  Issues from June 2003
onwards are accessible online7.

 

 

 

 

Secondary sources
explain and interpret the law. Decisions from courts in other jurisdictions,
encyclopedias, legal dictionaries, dissertations, theses, journal articles, law
notes, and books on legal topics are considered secondary sources.

 

 

 

 

 

1
justiceservices.gov.mt/LOM.aspx?pageid=24

2
Parlament.mt

3
books.google.com.mt

4
hathitrust.org

5
readanybook.com

6
archive.org

7
gov.mt

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