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The perils of positivist thinking in Public Law




Seminar Stream: Constitutional Law

Speaker: Dr Tonio Borg, University of Malta

Chair: Prof Ian Loveland, City, University of London


For the first Constitutional Law Seminar of the 2019 / 2020 series we are delighted to be welcoming Dr. Tonio Borg from the University of Malta. Dr. Borg is a resident lecturer in Public Law at the University of Malta. He previously enjoyed an impressive career in Maltese and European politics and is a former European Commissioner, and a former Deputy Prime Minister of Malta.

In his contribution Dr Tonio Borg argues that Constitutions are living instruments. A strict and literal interpretation  of constitutional provisions can lead to irrational and unsound conclusions. He analyses foreign judgments which have risen above  such interpretation, but focuses mostly on Maltese case law and constitutional incidents, and how certain judgments adopting a positivist interpretation have undermined  the supremacy of the Maltese Constitution itself. A typical example is the application of the civil law doctrine of legal standing (or juridical interest) to public law, creating in certain instances an insurmountable obstacle to access to justice.

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When and where

6.00pm - 8.00pmWednesday 16th October 2019

A130 College Building City, University of London St John Street London EC1V 4PB United Kingdom

Contact Details

CLS Research Events

City, University of London
Northampton Square
United Kingdom
0207 040 3410

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