The effct of judgments declaring laws invalid in Malta

Abstract: the following work deals with the thorny debate in Malta regarding the effects of judgments of the Constitutional Court declaring laws invalid. Unlike other Constitutions where a specific period of time is laid down after which a law is deemed to eb invalid erga omnes, no such provision is contained in the Maltese Constitution. Nevertheless the Constitution proclaims its supremacy without ifs and buts in article 6. Yet, the apex Court in Malta has held that a judgment declaring a law invalid applies only to the parties which have juridical interest or legal standing in the case. The author of this article analyses this flawed interpretation , its repercussions, and proposes the way forward.