During this summer, I dedicated some time to preparing for my new book, which addresses legal planning issues that politicians seem to continue to overlook, leaving the courts to handle them on a case-by-case basis. I must emphasize that my analysis is strictly legal, with the goal of ensuring legal certainty without commentary on whether the direction of construction activity or the economy should change. I, therefore, deliberately refrain from offering opinions on technical matters and instead focus on the application and interpretation of planning laws, policies and regulations as they currently stand, examining how the courts are dealing with cases brought by individuals aggrieved by decisions of the Planning Authority or the Environment and Planning Review Tribunal.
This book provides a comprehensive review of key court judgments that tackle pressing legal planning issues in Maltese development planning law. This book, in a way, is different from Selected Principles of Maltese Planning Law because it seeks to solely concentrate on questionable interpretations, regardless of the source, and expose deviations from established legal principles. The objective here is to deepen the understanding of Maltese development planning law and to inform efforts aimed at reforming and modernizing the legal framework to address current needs.
As outlined in the content of the accompanying image, I will be addressing some of the most pressing legal planning issues, particularly where the law appears to be largely misunderstood in its current state.
As Immanuel Kant argued, “The law is not a static entity but an evolving interpretation of justice“, a view that aligns with Jeremy Bentham’s notion that law must be continuously reassessed for its utility and fairness, thus opening pathways for reform grounded in empirical and philosophical reflection. This book is a testimony of my reflections.
My goal is to publish by mid next year.
