Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026
46
CHAPTER IV
- Jurisdiction
- Malta
- Provision
- 46
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source46. (1) Subject to the provisions of sub-articles (6) and (7) of this article, any person who alleges that any of the provisions of articles 33 to 45 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, or such other person as the Civil Court, First Hall, in Malta may appoint at the instance of any person who so alleges, may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the Civil Court, First Hall, for redress.
(2) The Civil Court, First Hall, shall have original jurisdiction to hear and determine any application made by any person in pursuance of sub-article (1) of this article, and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of the said articles 33 to 45 (inclusive) to the protection of which the person concerned is entitled:
Provided that the Court may, if it considers it desirable so to do, decline to exercise its powers under this sub-article in any case where it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
Source record
Source and verification
Consolidated Constitution including Acts XXXIX of 2025, IX of 2026 and XVI of 2026 · legislation.mt · Retrieved 18 August 2026.
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