Constitutional Law at Malta
Malta's constitutional framework is primarily governed by the Constitution of Malta, which came into force on 21 September 1964, following a referendum held between 2 and 4 May 1964. The referendum resulted in 54.5% approval, effectively marking Malta's transition to self-government and laying the foundation for its independence from British colonial rule.
🇲🇹 Key Features of the Constitution of Malta
1. Republican Form of Government
The Constitution establishes Malta as a parliamentary republic, with a bicameral legislature consisting of:
House of Representatives: The lower house, directly elected by the people.
Senate: The upper house, whose members are appointed.
The President of the Republic serves as the ceremonial head of state, while executive authority is vested in the Prime Minister and the Cabinet.
2. Fundamental Rights and Freedoms
The Constitution guarantees a range of fundamental rights, including:
Freedom of speech, assembly, and association
Freedom of conscience and religion
Right to a fair trial
Protection from discrimination
Right to property
These rights are enforceable by the judiciary, ensuring individuals can seek redress if their rights are violated.
3. Judicial Independence
The Constitution ensures the independence of the judiciary by providing for the appointment and tenure of judges, including the Chief Justice and other judges of the Superior Courts. Judges can only be removed for incapacity or misbehavior and must be afforded due process.
4. Amendment Procedures
Amendments to the Constitution require a two-thirds majority in the House of Representatives and must be approved by a national referendum. This rigorous process ensures that changes to the Constitution reflect broad national consensus.
📘 Accessing the Constitution
The full text of the Constitution of Malta is available in English at the
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