The influence of Roman Law and of the Napoleonic Codes is readily identifiable in the Maltese judicial system, particularly civil law. Besides, English Law has had, since the early part of the last century, its fair share of influence on certain areas of criminal law and procedure. For instance, Maltese criminal law has always adopted the maxim of the presumption of innocence, not guilt, in favour of the accused. Another similarity between the two legal systems is that the presiding Judge sits with a jury. Other areas in Civil Law include public law and in particular the law relating to merchant shipping.

The Maltese Judicial System is basically a two-tier system with a Court of First Instance presided by a Judge or Magistrate, and a Court of Appeal, consisting of three Judges when the appeal is from a Court presided by a Judge, or a single Judge, when the appeal is from a Court presided over by a Magistrate. There are, besides, various Tribunals for specialised areas with varying degrees of competence. Almost all provide appeals to a Court on points of law.

In 1964, when the Malta attained independence, the Constitutional Court was established as the appellate Court in matters relating to the Constitution.

In 1987 Malta adopted the European Convention on Human Rights as part of its law. Since then, Maltese citizens have the right of access to the European Court of Human Rights in Strasbourg. This Court is composed of judges from the member States of the Council of Europe, including Malta.