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The Offices of the President and the Prime Minister of Malta: a Way Forward, and the Work Presented in It, Is My Own

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The Offices of the President and the Prime Minister of Malta: a Way Forward, and the Work Presented in It, Is My Own The Offices of the President and the Prime Minister of Malta: A Way Forward Luke Dalli A thesis submitted to the Faculty of Laws, University of Malta, in partial fulfilment of the requirements for the degree of Doctor of Laws (LL.D.) Faculty of Laws University of Malta May 2013 University of Malta Library – Electronic Theses & Dissertations (ETD) Repository The copyright of this thesis/dissertation belongs to the author. The author’s rights in respect of this work are as defined by the Copyright Act (Chapter 415) of the Laws of Malta or as modified by any successive legislation. Users may access this full-text thesis/dissertation and can make use of the information contained in accordance with the Copyright Act provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. DECLARATION OF AUTHORSHIP I, Luke Dalli, declare that this thesis entitled The Offices of the President and the Prime Minister of Malta: A Way Forward, and the work presented in it, is my own. I confirm that: The Word Count of the thesis is 35,000. This work was done in partial fulfilment for the degree of Doctor of Laws at the Faculty of Laws of the University of Malta. Where any part of this thesis has previously been submitted for a degree or any other qualifications at this University or any other institution, this has been clearly stated. Where I have consulted the published work of others, this is always clearly attributed. Where I have quoted from the work of others, the source is always given. With the exception of such quotations, this thesis is entirely my own work. Where I have made reference to the masculine in the general sense, it is deemed to include the feminine. I have acknowledged all sources used for the purpose of this work. I have not commissioned this work, whether in whole or in part, to a third party and that this work is my own work. I have read the University of Malta‟s guidelines on plagiarism. Signed: ______________________ Date: _________________________ 2 ABSTRACT The state-of-play of the role and function of the Office of the President and the Prime Minister are intricately embedded in the conceptual framework of the Constitution of Malta 1964 as amended in 1974. The first chapter expounds an overview of the relative literature synthesizing the most important historical happenings in Maltese Constitutional law. These events gradually changed the role and function of the Office of the President and the Prime Minister into what they are today. These state roles have come a long way from what they were originally and it is Maltese political history that shaped the true essence of how they both function in accordance with Maltese law. The literature reviewed formed the basis for the secondary research of this study on which were formulated the hypotheses to be investigated by the primary research methods applied and described in Chapter 2. The method deemed most fit for purpose, where the objectives of this study were concerned, was the qualitative method and the research instruments opted for were semi-structured interviews, informal interviews and informal discussions, thereby satisfying the exigencies of triangulation. The qualitative data gathered was then collated and analysed. The research findings of the Offices of the Prime Minister and the President are presented in Chapters 3 and 4, respectively. The results derived from the different research tools employed corroborate, deny, complement and/or supplement one another and offer a great deal of significant material on which to articulate the discussion and recommendations outlined in Chapter 4 as well as the final conclusions which are then brought together in Chapter 5. This research study has delved deeply into the role and function of the Offices of the President and Prime Minister, their evolution over time, the developments to date and the controversies surrounding their continuity. Accordingly, this thesis has recommended a number of proposals, based on the feedback obtained from those participating in this study, including the presidential appointment by: two-thirds majority and subsequent election; an absolute majority of the House and local council representatives; and, election, apart from various other ancillary changes. Adoption of one or more of these proposed recommendations in the form of amendments to the Constitution of Malta 1964, where the Office of the President and Prime Minister are concerned, will kick-start the process of change setting the course for the way forward. Key words: Constitutional Law, President of Malta, Prime Minister of Malta, Theory (Constitutional, legal) v. Practice (political, real), Amendments 3 DEDICATION I am dedicating this work and all the hours, days, weeks and months I put into it, to the three most deserving people I know and love, my mother, Helena, my father, Patrick and my grandmother, Connie. 4 TABLE OF CONTENTS Declaration of Authorship ............................................................................................... 2 Abstract ........................................................................................................................... 3 Dedication ....................................................................................................................... 4 Table of Contents ........................................................................................................... 5 List of Statutes ................................................................................................................ 9 List of Tables ................................................................................................................ 10 List of Figures ............................................................................................................... 10 List of Acronyms ........................................................................................................... 10 Acknowledgements ....................................................................................................... 11 Overview ............................................................................................................ 15 0.1 Introduction ..................................................................................................... 16 0.2 The Constitution of Malta ................................................................................ 16 0.2.1 Historical Evolution .................................................................................. 17 0.2.2 Birth of the Government of Malta ............................................................. 17 0.2.3 Constitutions and Continuity .................................................................... 18 0.2.4 Political Milestones of the 1970s .............................................................. 20 0.3 Conclusion ...................................................................................................... 22 CHAPTER 1 Literature Review ..................................................................................... 23 1.1 Introduction ..................................................................................................... 24 1.2 The President in Malta‟s Constitutional Scenario ........................................... 24 1.2.1 British Influence ....................................................................................... 24 1.2.2 International Cyclorama ........................................................................... 25 1.2.3 Constitutional Regulation ......................................................................... 26 1.2.3.1 Current and Proposed Appointing Process ....................................... 26 1.2.3.2 Removal Process .............................................................................. 27 1.2.3.3 Functions and Powers ...................................................................... 29 1.2.3.3.1 Assent ........................................................................................ 30 1.2.3.3.2 Executive Authority .................................................................... 31 1.2.3.3.3 Direct Relationship: Office of the President and Prime Minister 34 1.2.4 Conclusion ............................................................................................... 37 1.3 The Prime Minister .......................................................................................... 38 1.3.1 The Cabinet ............................................................................................. 38 1.3.2 Political Authority ..................................................................................... 39 5 1.3.2.1 Prime Minister‟s Position within the Cabinet ..................................... 39 1.3.2.2 Limitations to Political Authority ........................................................ 41 1.3.3 The UK Cabinet ....................................................................................... 44 1.3.4 The Maltese Cabinet ................................................................................ 44 1.3.5 The Maltese Prime Minister‟s Position in Cabinet .................................... 45 1.3.6 Prime Minister‟s Defeat by Cabinet – Repercussions .............................. 47 1.3.6.1 A UK Case Study .............................................................................. 50 1.3.6.2 The Maltese Case Study ..................................................................
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