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Edwin Busuttil* - Malta Edwin Busuttil* Malta is a unitary state with a monarchical form The territories of Malta comprise the Island of of government. It came into existence as an Malta, the Island of Gozo, and the other islands of independent state on 21 Sept. 1964, in virtue of the Maltese Archipelago, including the territorial the Malta Independence Act passed by the United waters thereo£ Kingdom Parliament in the same year (1964, c. 86). I. CONSTITUTIONAL SYSTEM Privy Council" on 2 Sept. 1964 (S.I. 1964 no. I. Nationality 1398). Maltese nationality is unitary, but a citizen of The power of government in Malta is vested in Malta, by virtue of his Maltese citizenship, also the Head of State and Parliament. In this Malta has the common status of a Commonwealth follows the United Kingdom pattern of parlia­ citizen in common with the citizens of other mentary democracy. countries in the British Commonwealth. In Malta the Constitution is supreme and the Maltese citizenship is acquired by birth or de­ Constitutional Court is empowered to decide on scent, or by registration or naturalization under the constitutionality of legislation. certain conditions. It may be lost by voluntary The machinery for amending the Constitution renunciation, by automatic cessation in the event is somewhat involved, for many provisions of the of dual nationality, or by deprivation by the state Constitution are entrenched. Entrenchment takes in certain circumstances where citizenship was two forms. One group of entrenched sections can originally acquired by registration or naturaliza­ only be amended if an amending Bill is passed by tion (Canst. s. 23- 32 and the Maltese Citizenship a two-thirds majority of the total membership Act, 1965). of the House of Representatives on the final vote. Another group ofsections requires, in addition, an affirmative vote in a referendum after a period of 2. Territorial Division not less than three nor more than six months ofits It has not been found necessary, having regard to passage through the House. Sections not entrench­ the small size of the whole territory, to divide ed may be altered by a majority of all the members Malta into regions for administrative purposes, of the House. though the Island of Gozo has a limited form of local government (infra 3e). b. Head ofState . -Queen Elizabeth II, Queen ofthe For electoral purposes, however, the territories United Kingdom, is also the Queen of Malta. A of Malta are divided into 10 constituencies. Governor-General, appointed by the Queen on the recommendation of the Maltese Government, is the Queen's representative in Malta and acts on 3. State Organs her behalf. a. General structure. - The fundamental laws em­ In Malta, as in most other constitutional mon­ bodying the Constitution of Malta are contained archies, the Governor-General acts on the advice in the Malta Independence Act passed by the of the Prime Minister, who is the political leader Parliament of the United Kingdom on 31 July of the country, except in the exercise of those 1964, and the Malta Independence Order in powers which are stated in the Constitution to be Council, with its accompanying Schedule, issued exercisable in his discretion (Const. s. 86). In by Her Majesty "by and with the advice of Her general, these relate to the dissolution of Parlia- * Professor and Dean of Law, The Royal Univer­ sity of Malta, Valletta. National Reports (2 )) and the Cabinet must resi~n as a body if the ment in certain specified circumstances, a~d .to the legislature gives ~o~ e:cpressxon to lack of con~ appointment or removal of the Prime Minister. fidence in its poliCles or Its personnel. c. Legislative body.- Malta has~ uni~er~ legi: Territorial authorities. -A restricted form oflocai lature. The legislative authonty resides m ~ e~vemment was established in the Island of Gozo Governor-General and the House ofRepresentatl­ f y the Gozo Local Government Ordinance (Or­ ves but a rather unusual provision in the Con­ dinance XI of 1961), enacted by the then Gover­ lays it down that when a Bill is presented sti~tion nor. The Ordinance provides for the creation of to the Governor-General "he shall without delay a Civic Council in Gozo, composed of 14 members signify that he assents" (Const. s. 73 (2)).. which empowered to discharge certain locai Broadly speaking, citizens of Malta resxdent m is functions, chiefly with relating Malta who have attained the age of 2! years are connect~d ~tters entitled to vote for members of the House of to public works and pubhc health m the Island. Representatives, who are elected on a syste'? of proportional representation by means of a s~gle 4· Judiciary transferable vote. The House of Representatives consists of 55 members, but it is constitutionally a. The constitutional judiciary. - The Constitution possible for the Speaker to be elected fro.m out­ establishes a Constitutional Court and defines its side the House, in which case he is, by vrrtue of jurisdiction (Const. s. 96 (2)). holding the office of Speaker, also a member of The Court has (1) exclusive original jurisdiction the House in addition to the other 55 members. in electoral cases, and (2) appellate jurisdiction The House of Representatives is empowered to from decisions of lower courts on alleged viola­ legislate for the peace, order and good govern­ tions of the Fundamental Human Rights enumer­ ment of Malta, but the Constitutional Court has ated in the Constitution and on questions relating jurisdiction to invalidate any law which runs to constitutional interpretation or to the consti­ counter to the provisions of the Constitution, tutional validity of ordinary legislation. Appeal though the Constitution itself is capable of to the Privy Council has been abolished (Canst. amendment in the prescribed manner (Const. s. of Malta (Amendments) Act, 1972). 67). The party system plays an essential part in the b. Judicial organiz ation. - Courts ofJustice in Malta working of the Constitution. The party which are either inferior or superior. wins the majority of seats at a General Election The i11[erior courtS are (I) the Court of Magis­ forms the Government. The larger minority party trates ofJudi cial Police for the Island ofMalta, and becomes the Opposition, and its leader is accorded (2) the Court of Magistrates for the Islands of official recognition as Leader of the Opposition Gozo and Comino. (Const. s. 91). In civil m atters, appeals lie (1) from the Court of Magistrates for Malta to the Court of Appeal d. Government. - The executive authority of constituted by one judge, and (2) from the Court Malta is nominally vested in the Queen and is of Magistrates for Gozo and Camino, to Court exercised by the Governor-General on her behal£ a The Governor-General appoints as Prime Minister of three magistrates in Gozo or, in appropriate the member ofthe House ofRepresentatives who cases, to the Court of Appeal in Malta. in his judgment, is best able to command th; In criminal matters, appeals lie to the Court of support of the majority of members. Members of ~ri_minal, Appeal in Malta composed ofone judge, the Cabinet are chosen by the Prime Minister and Sittmg Without a jury. are .appointed by the Governor-General on the . ~he s~perior courts are (1) the Civil Court, adVIce of the Prime Minister. divxded mto First Hall (contentious jurisdiction) The Cabinet is the real executive authority and Second Hall (non-contentious jurisdiction); 2 though its a~ are, ~ form, acts of the Governor~ ( ) the Commercial Court which is also an Ge~eral on Its advice. The Cabinet formulates Admira.l~ Court; (3) the Court of Appeal; (4) policy and sponsors most of the important . 1 . h d . f 1egis ­ ~e. Cru~unal Court, composed of one judge atxon, t ~ a optton o which it can usually obtain smmg With a jury and (5) the Court of Criffi.inal through Its control of the ma· ority of th . Appeal. t Th d · 1 e 1egis 1 a- ure. e octnne of Cabinet respons1 'bill The Court of Appeal hears and determines ~hereby the Cabinet as a whole is h ld ty, appeals from judgments of the Civil Court. F~t SI~l~ for ~e. official acts and policies of incll~fd:~ Hall,_ and the Commercial Court, while a partY muusters, 1s mcorporated in the Constt't n· ( u on s. 8o aggneved by a decree of the Civil Court, Second Hall, may bring an action before the Civil Court. III Malta M-47 First Hall The Court of Criminal Appeal d f thr · d h ' com- d. Prosecution. - The principal law officer is the pose of th eeCJ~ ~esal, ears appeals from judg- ments o e runm Court, other than · udg- Crown Advocate-General, who holds a public ments of acquittal. J office and is appointed by the Governor-General Appeal from the Court of Appeal to the p · acting in accordance with the advice of the Prime Council has been abolished (supra a). nvy Minister. In the exercise ofhis powers to institute or to discontinue public prosecutions, the Crown Advocate-General acts in a quasi-judicial capacity c. Administrativ. e tribunals.-. f In Malta, as elsewhere, the contmumg extenston o governmental activity and is not subject to the direction or control ofthe government of the day. and responsibility for the general well-being ofthe The Crown Advocate-General cannot be community in the post-war years has led to a sub­ removed from his office except by the Governor­ stantial growth in the number and importance of General upon an address by the House of Repre­ Administrative Tribunals. In fact, so varied have sentatives, supported by the votes ofnot less than they become in constitution, function and proce­ two-thirds of its total membership, praying for dure that a classification which is both succinct such removal on the ground of proved misbeha­ and satisfactory is impossible.
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