Abstract
This paper introduces the reader to clinical legal education in Malta by: 1) outlining how the internal hybridity of the Maltese legal system and the juxtaposition of English and Continental models in Maltese legal education have influenced the development of the Law Clinic at the University of Malta; 2) describing how the Maltese clinical model operates currently; 3) reviewing the experiences of students involved in clinical work.
Highlights
Delineating the Maltese Legal System Situated some 81 km south of Sicily and nearly 300 km to the north of Libya in the middle of the Mediterranean sea and with a population of less than 500,000 individuals concentrated in a geographical area of a little over 300 square km, the Republic of Malta is a selfgoverning state with its own distinct legal system and University and is simultaneously a member of the European Union and the British Commonwealth
British colonial rule introduced a break with the Civilian legal tradition insofar as public law in general is concerned and Maltese public law is anchored within the British Common law; whereas private law continues to be anchored in the Civilian tradition; due to the existence of five codifications, dating back to the colonial period: the Maltese Civil Code, Criminal Code, Commercial Code, Code of Organisation and Civil Procedure and the Code of Criminal Procedure (Andò, Aquilina, Scerri-Diacono & Zammit, 2012, p.532)
The findings drawn from the modest data obtained from eight students, serve as a source of information on the mostly positive students' perceptions of the learning happening in the Law Clinic and the positive impacts it brings
Summary
Delineating the Maltese Legal System Situated some 81 km south of Sicily and nearly 300 km to the north of Libya in the middle of the Mediterranean sea and with a population of less than 500,000 individuals concentrated in a geographical area of a little over 300 square km, the Republic of Malta is a selfgoverning state with its own distinct legal system and University and is simultaneously a member of the European Union and the British Commonwealth. British colonial rule introduced a break with the Civilian legal tradition insofar as public law in general is concerned and Maltese public law is anchored within the British Common law; whereas private law continues to be anchored in the Civilian tradition; due to the existence of five codifications, dating back to the colonial period: the Maltese Civil Code, Criminal Code, Commercial Code, Code of Organisation and Civil Procedure and the Code of Criminal Procedure (Andò, Aquilina, Scerri-Diacono & Zammit, 2012, p.532) This notwithstanding, Malta’s entry into the EU in 2004 and its development of a large financial services industry, e-gaming and ship registration facilities have further reinforced the Common law influence and commercial and I.T. law is heavily reliant upon Common law sources. This approach is combined with a ‘pragmatic purism” (Andò, Aquilina, Scerri-Diacono & Zammit, 2012, p.563-568) on their part; which while accepting a high degree of mixing at the level of the system as a whole; insists that within each compartment there must be cultural consistency between sources and interpretation
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