Constitution of Malta
Encyclopedia
The current Constitution of Malta was adopted as a legal order on September 21, 1964, and is the self-declared supreme law of the land. Therefore, any law or action in violation of the Constitution is null and void. Being a rigid constitution, it has a three-tier entrenchment basis in order for any amendments to take place.
of the Republic of Malta, and replaced the 1961 Constitution, dating from October 24, 1961. George Borg Olivier was its main instigator and negotiator.
Under its 1964 constitution, Malta became a parliamentary democracy within the British Commonwealth
. Queen Elizabeth II
was sovereign
of Malta, and a governor general exercised executive authority on her behalf, while the actual direction and control of the government
and the nation's affairs were in the hands of the cabinet
under the leadership of a Maltese prime minister
.
On December 13, 1974, the constitution was revised, and Malta became a republic
within the Commonwealth, with executive authority vested in a Maltese president
. The president is appointed by parliament. In turn, the president appoints as prime minister the leader of the party that wins a majority of parliamentary seats in a general election
for the unicameral House of Representatives
.
The president also nominally appoints, upon recommendation of the prime minister, the individual ministers
to head each of the government departments. The cabinet is selected from among the members of the House of Representatives. The Constitution provides for general elections to be held at least every five years. Candidates are elected by the Single Transferable Vote
system. The entire territory is divided into thirteen electoral districts each returning five MPs to a total of 65. Since 1987, in case a Party obtains an absolute majority of votes without achieving a Parliamentary majority a mechanism in the Constitution provides for additional seats to that Party to achieve a Parliamentary majority (Act IV of 1987). To date this mechanism, intended to counteract gerrymandering
, came into effect twice: for the Sixth and the Eight Parliaments. A similar mechanism was introduced in 1996 so that additional seats would be given to that Party obtaining a relative majority of votes but not a parliamentary majority with only two parties achieving Parliamentary representation. This mechanism was first applied in the 2008 general election
.
parliamentary democracy. It safeguarded the fundamental human rights
of citizens, and forced a separation between the executive
, judicial and legislative powers, with regular elections based on universal suffrage
.
This constitution was developed through constitutional history and its evolution. The constitutions of Malta fell under three main categories. These were:
On July 27, 1960, the Secretary of State for the Colonies
declared to the British House of Commons
the wish of Her Majesty’s Government to reinstate representative government in Malta and declare that it was now time to work out a new constitution where elections could be held as soon as it was established. The Secretary, Iain Macleod
, also notified the House of the appointment of a Constitutional Commission
, under the chairmanship of Sir Hilary Blood, to devise thorough constitutional schemes after consultation with representatives of the Maltese people
and local interests.
The Commissioners presented their report on December 5, 1960. The report was published on March 8, 1961. That same day, the Secretary of State declared to the House of Commons that Her Majesty’s Government had taken a decision. The Commissioner’s constitutional recommendations to be the basis for the subsequent Malta constitution were to be granted. The 1961 Constitution was also known as the Blood Constitution. It was enclosed in the Malta Constitution Order in Council 1961 and it was completed on 24 October of that same year. The statement that the Order makes provision for a new constitution where Malta is given self-government is found on the final page of the Order in Council.
The 1961 Constitution provided the backbone for the Independence Constitution. A date was provided to guarantee this legal continuity. An indispensable characteristic of this constitution is the substitution of the diarchic system, which was no longer practicable, by system of only one Government, the Government of Malta
, with full legislative and executive powers. At that time Malta was still a colony
and responsibility for defence and external affairs
were referred to Her Majesty’s Government. There was a clear indication that the road towards independence continued and now was at a highly developed stage. It is imperative to recognise that the 1961 Constitution established most of the features of the 1964 Constitution. The British recognised Malta as a State. Another important characteristic of this constitution was an innovative introduction of a chapter covering the safeguarding of Fundamental Rights and Freedoms of the Individual. This is fairly significant because Fundamental Human Rights are a protection for the individual by the State. In the 1961 Constitution, Fundamental Human Rights and Freedoms are found in Chapter IV. The protection of freedom of movement
was introduced only in the 1964 Constitution.
The declaration of rights of the inhabitants of the islands of Malta and Gozo dated June 15, 1802, gives a collective declaration of rights. The 1961 Constitution gave birth to what was recognised as a Parliament in the 1964 Independence Constitution. The Cabinet had the general direction and management of the Government of Malta. It consisted of the Prime Minister. The Prime Minister alone might summon it and it was this office which presided over it. Not more than seven other ministers were members of the Legislative Assembly, and they were collectively responsible to it. This was one of the first attempts to restate some of the more important British Constitutional Conventions in the constitution. In the exercise of his powers, the Governor was to act on the advice of the Cabinet, except where he was directed to act in his discretion or on the recommendation or advice of a person other than the Cabinet.
Three elections of the promulgation of the 1961 Constitution existed. This constitution included the presence of a Cabinet for the first time in Malta. The legislature was unicameral. The Legislative Assembly’s normal life span was of four years. It consisted of fifty members and they were elected by universal suffrage from ten electoral divisions on the system of proportional representation
by the single transferable vote. The 1961 Constitution constructed a firm foundation for a future achievement of Independence. When in 1964 Malta did in fact become independent, because the Government chose to avoid breaking all ties with the United Kingdom
, there was legal continuity of the legislation, as a result of which Parliament remained functional. To a certain extent the same situation existed as regards to the legislation by the British Parliament for Malta. The Malta Independence Order itself developed into the subject of an entrenchment, since here it is declared that this evolved into an extension to the 1961 Constitution even in the sense of an amendment.
Even though Malta acquired independence, there was an ongoing presence of continuity. One of them is the monarchy pre-1964 and prior 1964. The Malta Independence Order 1964 was subject to the Malta Independence Act of that same year and it is a document that holds the chief regulations that govern the constitution of a state. This document is supreme over each and every other document and all legislation is subject to it. Throughout Malta's constitutional history, the nation acquired its own constitution, and to a certain extent, the Independence Constitution is made up of certain principles that arose for the first time in previous constitutions. It can be said that the Independence Constitution has evolved from the constitution which preceded it. But one must not ignore the fact that changes have taken place in this process of evolution. The statement that the 1964 constitution is in fact a replica of the 1961 constitution with sovereignty
added might be criticised by saying that some factors differ between the two constitutions. The 1964 constitution is not merely what can be defined as an improvement. It is more like another stepping-stone in constitutional history being the final step in a long series of constitutions. In fact, even though it may seem that some provisions were altered from the 1961 constitution to the 1964 constitution, some of those provisions remained unchanged until the amendments of the 1964 constitution were made.
Constitutional Development since Independence
It has been amended twenty-four times, most recently in 2007 with the entrenchment of the office of the Ombudsman. The constitution is typically called the ConstitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the Republic of Malta, and replaced the 1961 Constitution, dating from October 24, 1961. George Borg Olivier was its main instigator and negotiator.
Under its 1964 constitution, Malta became a parliamentary democracy within the British Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
. Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
was sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
of Malta, and a governor general exercised executive authority on her behalf, while the actual direction and control of the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
and the nation's affairs were in the hands of the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
under the leadership of a Maltese prime minister
Prime Minister of Malta
The Prime Minister of Malta is the Head of Government of Malta.-Establishment of the office and developments:The office of "Head of Ministry" was created as soon as Malta was granted autonomous government in 1921. The 1921 constitution was suspended twice before being revoked...
.
On December 13, 1974, the constitution was revised, and Malta became a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
within the Commonwealth, with executive authority vested in a Maltese president
President of Malta
The President of Malta is the constitutional head of state of Malta.The President is appointed by a resolution of the House of Representatives of Malta for a five year term, taking an oath to "preserve, protect and defend" the Constitution....
. The president is appointed by parliament. In turn, the president appoints as prime minister the leader of the party that wins a majority of parliamentary seats in a general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
for the unicameral House of Representatives
House of Representatives of Malta
The House of Representatives is the unicameral legislature of Malta and a component of the Parliament of Malta.The House is composed of an odd number of members elected for a five year term...
.
The president also nominally appoints, upon recommendation of the prime minister, the individual ministers
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
to head each of the government departments. The cabinet is selected from among the members of the House of Representatives. The Constitution provides for general elections to be held at least every five years. Candidates are elected by the Single Transferable Vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
system. The entire territory is divided into thirteen electoral districts each returning five MPs to a total of 65. Since 1987, in case a Party obtains an absolute majority of votes without achieving a Parliamentary majority a mechanism in the Constitution provides for additional seats to that Party to achieve a Parliamentary majority (Act IV of 1987). To date this mechanism, intended to counteract gerrymandering
Gerrymandering
In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts...
, came into effect twice: for the Sixth and the Eight Parliaments. A similar mechanism was introduced in 1996 so that additional seats would be given to that Party obtaining a relative majority of votes but not a parliamentary majority with only two parties achieving Parliamentary representation. This mechanism was first applied in the 2008 general election
Maltese general election, 2008
The latest Maltese general election for the renewal of the House of Representatives of Malta was held on March 8, 2008. The incumbent ruling party the Christian democratic Nationalist Party, led by Prime Minister Lawrence Gonzi, narrowly won over the social democratic Malta Labour Party led by...
.
The Nature of the Constitution
The Independence Constitution of Malta of 1964 established Malta as a liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
parliamentary democracy. It safeguarded the fundamental human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
of citizens, and forced a separation between the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, judicial and legislative powers, with regular elections based on universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
.
This constitution was developed through constitutional history and its evolution. The constitutions of Malta fell under three main categories. These were:
- Those over which the British possessed total power;
- The intermediate genres of constitutions (1921-1947), where Malta had self government (the 1961 constitution was very similar to these constitutions);
- the Independence Constitution of 1964.
On July 27, 1960, the Secretary of State for the Colonies
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
declared to the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
the wish of Her Majesty’s Government to reinstate representative government in Malta and declare that it was now time to work out a new constitution where elections could be held as soon as it was established. The Secretary, Iain Macleod
Iain Macleod
Iain Norman Macleod was a British Conservative Party politician and government minister.-Early life:...
, also notified the House of the appointment of a Constitutional Commission
Constitutional Commission
Many entities have been called a Constitutional Commission with the general purpose of reviewing a constitution, or planning to create one.-Afghanistan:*Afghan Constitution Commission**Timeline of the War in Afghanistan...
, under the chairmanship of Sir Hilary Blood, to devise thorough constitutional schemes after consultation with representatives of the Maltese people
Maltese people
The Maltese are an ethnic group indigenous to the Southern European nation of Malta, and identified with the Maltese language. Malta is an island in the middle of the Mediterranean Sea...
and local interests.
The Commissioners presented their report on December 5, 1960. The report was published on March 8, 1961. That same day, the Secretary of State declared to the House of Commons that Her Majesty’s Government had taken a decision. The Commissioner’s constitutional recommendations to be the basis for the subsequent Malta constitution were to be granted. The 1961 Constitution was also known as the Blood Constitution. It was enclosed in the Malta Constitution Order in Council 1961 and it was completed on 24 October of that same year. The statement that the Order makes provision for a new constitution where Malta is given self-government is found on the final page of the Order in Council.
The 1961 Constitution provided the backbone for the Independence Constitution. A date was provided to guarantee this legal continuity. An indispensable characteristic of this constitution is the substitution of the diarchic system, which was no longer practicable, by system of only one Government, the Government of Malta
Government of Malta
The Government of Malta is the executive branch of Malta. It is made up of the Cabinet and the Parliamentary Secretaries. The Prime Minister is appointed by the President of Malta, with the President making his or her decision based on the situation within the Maltese parliament. The Prime...
, with full legislative and executive powers. At that time Malta was still a colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
and responsibility for defence and external affairs
Foreign relations of Malta
For several years after independence in 1964, Malta followed a policy of close co-operation with the United Kingdom and other NATO countries. This relationship changed with the election of the Malta Labour Party government in June 1971, led by Dom Mintoff. The NATO subheadquarters in Malta was...
were referred to Her Majesty’s Government. There was a clear indication that the road towards independence continued and now was at a highly developed stage. It is imperative to recognise that the 1961 Constitution established most of the features of the 1964 Constitution. The British recognised Malta as a State. Another important characteristic of this constitution was an innovative introduction of a chapter covering the safeguarding of Fundamental Rights and Freedoms of the Individual. This is fairly significant because Fundamental Human Rights are a protection for the individual by the State. In the 1961 Constitution, Fundamental Human Rights and Freedoms are found in Chapter IV. The protection of freedom of movement
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
was introduced only in the 1964 Constitution.
The declaration of rights of the inhabitants of the islands of Malta and Gozo dated June 15, 1802, gives a collective declaration of rights. The 1961 Constitution gave birth to what was recognised as a Parliament in the 1964 Independence Constitution. The Cabinet had the general direction and management of the Government of Malta. It consisted of the Prime Minister. The Prime Minister alone might summon it and it was this office which presided over it. Not more than seven other ministers were members of the Legislative Assembly, and they were collectively responsible to it. This was one of the first attempts to restate some of the more important British Constitutional Conventions in the constitution. In the exercise of his powers, the Governor was to act on the advice of the Cabinet, except where he was directed to act in his discretion or on the recommendation or advice of a person other than the Cabinet.
Three elections of the promulgation of the 1961 Constitution existed. This constitution included the presence of a Cabinet for the first time in Malta. The legislature was unicameral. The Legislative Assembly’s normal life span was of four years. It consisted of fifty members and they were elected by universal suffrage from ten electoral divisions on the system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
by the single transferable vote. The 1961 Constitution constructed a firm foundation for a future achievement of Independence. When in 1964 Malta did in fact become independent, because the Government chose to avoid breaking all ties with the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, there was legal continuity of the legislation, as a result of which Parliament remained functional. To a certain extent the same situation existed as regards to the legislation by the British Parliament for Malta. The Malta Independence Order itself developed into the subject of an entrenchment, since here it is declared that this evolved into an extension to the 1961 Constitution even in the sense of an amendment.
Even though Malta acquired independence, there was an ongoing presence of continuity. One of them is the monarchy pre-1964 and prior 1964. The Malta Independence Order 1964 was subject to the Malta Independence Act of that same year and it is a document that holds the chief regulations that govern the constitution of a state. This document is supreme over each and every other document and all legislation is subject to it. Throughout Malta's constitutional history, the nation acquired its own constitution, and to a certain extent, the Independence Constitution is made up of certain principles that arose for the first time in previous constitutions. It can be said that the Independence Constitution has evolved from the constitution which preceded it. But one must not ignore the fact that changes have taken place in this process of evolution. The statement that the 1964 constitution is in fact a replica of the 1961 constitution with sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
added might be criticised by saying that some factors differ between the two constitutions. The 1964 constitution is not merely what can be defined as an improvement. It is more like another stepping-stone in constitutional history being the final step in a long series of constitutions. In fact, even though it may seem that some provisions were altered from the 1961 constitution to the 1964 constitution, some of those provisions remained unchanged until the amendments of the 1964 constitution were made.
Amendments
The Malta Independence Order, 1964, as amended by Acts:- XLI of 1965, XXXVII of 1966
- IX of 1967
- XXVI of 1970
- XLVII of 1972
- LVII, LVIII of 1974
- XXXVIII of 1976
- X of 1977
- XXIX of 1979
- IV of 1987
- XXIII of 1989
- Proclamations Nos. II and VI of 1990
- Acts XIX of 1991
- IX of 1994
- Proclamations IV of 1995 and III of 1996
- Acts: XI of 1996, XVI of 1997
- Acts: III of 2000 and XIII of 2001
Past constitutions
Malta has had numerous past constitutions.- The 1813 Constitution
- The 1835 Constitution
- The 1849 Constitution
- The 1887 Constitution
- The 1903 Constitution
- The 1921 Constitution
- The 1936 Constitution
- The 1939 Constitution
- The 1947 Constitution
- The 1959 Constitution
- The 1961 Constitution
- The Independence Constitution
Further reading
- Frendo, Henry, The Origins of Maltese Statehood - A Case Study of Decolonization in the Mediterranean - Malta: PEG Publications, ISBN 99932-0-015-8.
External links
- Il-Kostituzzjoni tar-Repubblika Maltija Ministeru tal-Ġustizzja u l-Intern.
- The Constitution of the Republic of Malta Ministry for Justice and Home Affairs.
- The Constitution of the Republic of Malta Ministry for Justice and Home Affairs.