Juridical Interest in Constitutional Proceedings

The paper covers the issue of requiring plaintiff to prove juridical interest in constitutional proceedings befor the Maltese courts of constitutional jurisdiction; while in human rights actions one must prove that an infringement occurred in relation to applicant no such requirement is needed for non-human rights actions; In spite of this the Maltese courts have applied this private law notion of juridical inteerst across the board weakening in the process certain constitutionbal provisons. For instance the constitutional requirement that a Minister be appointed from amongst members of the Legislature can hardly be enforced by the Courts if the promoter of a constitutional action in case of an infringemnt of such provision is required to prove a direct and juridical interest in the case. The danger of applying private law notions to public law is that certain provisions of the Maltese Constitution might be rendered unenforceable. The paper covers Maltese jurisprudence in this regard and suggests certain changes in the way the notion of juridical interest a purely judicial doctrine may be applied .