Introduction to Judicial Review of Administrative Action in Malta An integral and pertinent part of administrative law is the judicial review of administrative action. Judicial review is the process by which a decision of a government department, authority or agency, may be reviewed and eventually annulled by the courts if it goes counter to the law.

The action is available to anyone who is aggrieved by a government decision or action which concerns them. Article 469A of Chapter 12 of the Laws of Malta is the operative article which grants such power to the courts. However, even in absence of any such legislative article, judicial review may be said to be an inherent power of the courts on the basis of the doctrine of the separation of powers embraced by any state which purports to be democratic.

Brief Background The doctrine of Maltese Judicial Review of Administrative action is akin to the English doctrine on Judicial review. This is so because the basis of Maltese Administrative law is English Common Law. Even before any codified law on judicial review existed (1964-1981) our courts still asserted their power of review of administrative action by relying on English Common law principles of judicial review.

In fact, the Maltese judgement Lowell v. Caruana (1972) established that English Common law is the basis of Maltese Administrative law in cases of lacunae. Article 469A states: "Saving as is otherwise provided by law, the courts of justice of civil jurisdiction may enquire into the validity of any administrative act or declare such act null, invalid or without effect only in the following cases: (a) where the administrative act is in violation of the Constitution; (b) when the administrative act is ultra vires on any of the following grounds: ii.when such act emanates from a public authority that is not authorised to perform it; or ii. when a public authority has failed to observe the principles of natural justice or mandatory procedural requirements in performing the administrative act or in its prior deliberations thereon; or iii. when the administrative act constitutes an abuse of the public authority's power in that it is done for improper purposes or on the basis of irrelevant considerations; or iv. when the administrative act is otherwise contrary to law.'

An administrative act or a government decision or action includes inter alia, the issue of licences, warrant, permits as well as orders. Prescriptive Period within which to File an Action The action against a government or other public authority is to be lodged in court within six months from the day upon which the government decision or action is taken, or licence or permit is officially issued, or from the day that the aggrieved learned of such a decision. 

Maltese Court Decisions on the basis of Article 469A In an action for judicial review the court is empowered to impugn and declare null an action or decision taken by a government authority.