Elements of Maltese Law

Beginning under British government in 1964 that brought about

independence was an act by the British parliament which was then adopted
as the constitution of Malta. This was a document agreed upon by both
countries. The current Constitution of Malta was adopted as a legal order on
September 21, 1964.
A constitution is the highest and most basic legal and political document
because it regulates such things as national territory, parliament, etc. At its
most basic, it is the political organization of a given state such as a
presidential or parliamentary democracy. It is also the supreme law of the
land; any other law or government action which goes against the constitution
is deemed invalid.
The Maltese constitution is based on the Westminster model due to the fact
that it is based largely on a British-style democracy of a prime ministerial
cabinet. It is a system, codifieid as a written document which establishes the
rules and principles by which an organization or political entity is governed.

Chapter 1 speaks about national identity and the republic of Malta.

Article 6 in chapter 1 says that the constitution is the supreme law of the
land.
In this chapter we find details on :

Religion
National Flag
National Anthem

Chapter 2 is stated to be a declaration of principles, an idea from

the Indian parliament; a country with which we share more than one
similarity. This is similar to a wish-list of aspiration. Article 22 states that
these principles are not enforced by any court. An example would be the
states should encourage artisanship and promote vocational training or that
it should promote cooperatives. This chapter is merely a politically guiding
one.
In this chapter we find details on :

Right to work

Compulsary and free education

Safeguarding work of minors
Minimum ages required to work

Chapter 3 relates about citizenship. This chapter regulates acquisition

and lasts of citizenship. Citizenship is a legal and political bond between a
given state and a person.
Citizenship can be aquired by birth or by naturalization. In general, basic
requirements for naturalization are that the applicant holds a legal status as
a full-time resident for a minimum period of time and that the applicant
promise to obey and uphold that country's laws.
In this chapter we find details on :

Dual citizenship
Persons entitiled to be registered as citizens
Marriage to citizen in Malta ...

Chapter 4 discusses fundamental human rights and freedoms.

In this chapter we find details on :

Protection from forced labour

Protection of freedom of expression
Protection of right to life ...

Chapter 5 relates to the presidents rights and responsibilities.

The constitution refers to the President as the President of Malta. It also
refers to his appointment, subject to availability to appointment and so on.
When a government loses majority in the House, the president acts as to
whether dissolving parliament or not. The president does not enjoy discretion
whether or not to sign a law.

Establishment of the office of President.

Discharge of Presidents functions during vacancy, etc.
Oath to be taken by the President.

Chapter 6 regulates composition and constitution of parliament. Our

system is known as the single transferrable proportional representation
system. This was tried in Malta and Ireland by the British during the 1920s
and both countries still use it to this day.
Parliament is composed of representatives and the party which has most
number 1 votes gets to be in government. The Speaker has to be elected on
the first sitting of parliament either from inside or outside parliament,
provided he is not a member of cabinet. The Deputy Speaker has to be
elected from parliament. Parliament is given authority to govern in good
order. Parliament cannot alter his constitution with less than 2/3 of the
representatives in parliament. The powers of parliament are stated by the
constitution and are limited by the powers of the European Union.
Everybody is subject to the law and any power; distinctions have to find their
basis in the law. The law is therefore about parliament, government and even
the courts themselves and is bound by and subject to the law.

Establishment of Parliament
Voting at Elections
Power to make laws.
Sessions of Parliament.
General elections.

Chapter 7 relates to the powers of government i.e. the executive.

Here, we find the establishment of the government of Malta, made up of the
Prime Minister and his ministers. The government shall be appointed on the
basis of those enjoying a majority in the House of Representatives and the
President will appoint the Prime Minister as the person being supported by
the majority of the House. A similar procedure takes place with the Leader of
the Opposition.

Establishment of government
Appointment of ministers
Leader of opposition

Chapter 8 relates to the courts i.e The Judiciary. It is mandatory for

the judiciary to enjoy independence from the legislative and the executive
branches of the state. The executive and legislative sides of the country
cannot intervene in the judicial decisions due to democratic rules.

Superior Courts.
Appointment of judges.
Magistrates

Chapter 9 relates to public finances. It speaks about the common

fund known as the consolidated fund and also establishes at constitutional
level the financial accountability of government. Budgets have to be
presented to parliament and taxes have to follow due process of law. We also
find references to the Broadcasting Authority. There are two major
commissions mentioned in the Maltese constitution. The electoral
commission is responsible for the election and the broadcasting authority
which is tasked to ensure that all parties in the political process are given
access to air time and both are funded by the public purse.

Public Debt
Contingencies Fund
Consolidated Fund