Malta is a small island archipelago nation located in the Central Mediterranean Sea between the Italian island of Sicily and North Africa facing Tunisia and Libya. Malta has long been strategically viable and as such has led to it having an interesting and long history, much of which is still reflected through its historical architecture and landmarks today. The historical walled city of Valletta is its capital, located on the coast of the main island (also called Malta or sometimes also called Valletta) in the South Eastern region.
Malta has believed to have been inhabited since prehistoric times. Pottery discovered on the island resembled that from Italy and gives evidence towards the islands first being settled around 5200 BC by mainly Stone Age hunters or farmers who had come from what is today the Italian island of Sicily, possibly being the Sicani peoples. The earliest arrival of humans on the island has been linked to the extinction of dwarf hippos, dwarf elephants, and giant swans. Farming has believed to have been practiced at least since the Early Neolithic period.
The Sicani are the only known tribe to have inhabited the island during this time and are generally believed to be closely related to Iberians. Early farmers in Malta grew cereals, raised livestock, and worshipped a fertility figure, which is commonly seen in cultures of the ancient Mediterranean. Megalithic temple builders are believed to have arose during this early time and from 3500 BC such peoples built some of the oldest existing free-standing structures. There is evidence that temple rituals may have included animal sacrifice, possibly to appease a fertility goddess.
Such a culture seems to have vanished from the island from 2500 BC with speculation that they fell to disease or famine, but it cannot be proven. The islands remained depopulated for a number of decades until an influx of Bronze Age immigrants arrived. These peoples cremated their dead and introduced smaller Megalithic structures such as dolmens. These new peoples are also believed to have come from Sicily.
Phoenician traders eventually colonised the islands at some point after 1,000 BC and setup trading posts. The islands would later come under control of the Carthage, a former colony of Phoenicia after its fall in 332 BC. Under Carthage the island largely produced olives, carob and textiles.
The island was briefly conquered by the Roman Republic during the First Punic War but the later failure of the Roman expedition saw Carthage reestablish control. The Roman Republic later retook it in 218 BC during the Second Punic War. The island was exempt from paying tribute or abiding by Roman law and was put under the jurisdiction of Sicily, a province of the Roman Republic. Punic influence remained strong in the islands while Romanization was slowed and met continued resistance.
Greeks had begun settling on the islands from 700 BC, evidenced by architectural remains. Greek influence remained through the Roman period as evidenced on Maltese coins dating back to 50 BC. In the 2nd Century Emperor Hadrian of the Roman Empire upgraded the status of the islands where its local affairs were administered by four magistrates of Rome and a municipal Senate. In 58 AD Paul the Apostle and Luke the Evangelist washed up on the island after their ship wrecked, Paul the Apostle remained for three months to preach the Christian faith.
In 395 after the death of Theodosius I, the Roman Empire split for the final time and Malta came under the Western Roman Empire. The eventual decline and fall of the Western Roman Empire led to the Migration Period where the islands were attacked, conquered and occupied by various peoples. The Vandals subdued the islands from 454 and then the Ostrogoths took over from 464. Belisarius took the island under the Byzantine Empire while he was on his way to conquer the North African Vandal Kingdom.
Malta eventually became embroiled in the Arab-Byzantine Wars with the conquest of Malta closely linked to that of Sicily, this begun in 827 when Admiral Euphemius betrayed the Byzantine Empire and allowed the Aghlabid Dynasty to invade Sicily, they also subsequently invaded Malta, following the siege of Melite in 870 the Arab invaders looted and pillaged the island and destroyed the majority of the important buildings and the island was left practically uninhabited.
Arabs from Sicily recolonised the island from 1048-49 and as a result the Arab Agricultural Revolution introduced new irrigation, fruits, cotton, as well as the Siculo-Arabic language, which would evolve into the Maltese language.
The Normans later invaded Malta in 1091 during their conquest of Southern Italy. Christians of the island welcomed the Norman leader Roger I of Sicily, the island became part of the newly formed Kingdom of Sicily, the Catholic Church was reinstated as the State religion and Malta was put under the See of Palermo. King Tancred, a King of Sicily, made Malta a fief and installed a Count of Malta in 1192. Due to the strategic importance of the islands, the men of Malta were militirized to defend against attempts at conquest. Many early Counts of Malta became skilled Genoese privateers.
The Kingdom would later pass on to the Hohenstaufen Dynasty from 1194. Western culture and religion would begin to exert much more intense influence as Emperor Frederick II reorganised the Kingdom of Sicily. Although Malta was declared a county and marquisate, its trade failed and for a long time the island was just a fortified garrison. In 1224 many Arabs were expelled and all the Christian male population of Celano in Abruzzo were deported to Malta. In 1249 Frederick II decreed that all remaining Muslims be expelled from Malta or made to convert.
The Kingdom briefly came under the Capetian House of Anjou, but high taxes made it unpopular to the people of Malta, partly due to Charles of Anjou’s wars against the Republic of Genoa. The Maltese Island of Gozo was sacked in 1275.
Malta came under the House of Barcelona, the ruling dynasty of the Crown of Aragon, from 1282. The Aragonese aided Maltese insurgents in the Sicilian Vespers during the Battle of Malta in 1283, the Sicilian Vespers led to the overthrow of the Angevin regime. Relatives of the Kings of Aragon ruled the island. By 1397 the title of the Count of Malta had two families fighting for the distinction, causing some conflict. As a result, Martin I of Sicily abolished the title, but the title was later reinstated causing the Maltese, led by local nobility, to rise up against Count Gonsalvo Monroy. The Maltese opposed the Count, but still voiced support for the Sicilian Crown, as such King Alfonso did not punish the people for their rebellion and promised never to grant the title to a third party, the title was incorperated back into the crown.
In March 1530 Holy Roman Emperor Charles V gave the islands to the Knights Hospitaller, a Catholic military order, under the leadership of Frenchman Philippe Villiers de L’Isle-Adam, the orders Grand Master. It was given on perpetual lease where they must pay an annual tribute of a single Maltese Falcon plus other conditions. This military religious order was also known as the Order of St. John and later the Knights of Malta, they had been driven out of Rhodes by the Ottoman Empire in 1522.
The Knights Hospitaller would rule all the way to 1798, the island became more strategically and militarily important as the Order launched its small fleet from the islands against Ottoman shipping lanes in the Mediterranean Sea. But despite the presence of the Order, the population of Gozo was still taken by Barbary pirates to the Barbary Coast in North Africa to be enslaved in 1551.
The Ottomans eventually attempted to conquer the islands during the Great Siege of Malta in 1565 but were repelled by the Order with the aiding of Spanish and Maltese forces. Following this the island was more heavily fortified, watchtowers were constructed, and during the remainder of the Knights rule further architectural and cultural projects were completed and new cities were built.
The rule of the religious order, which had since declined and became unpopular, ended when Napoleon captured Malta while he was on his way to Egypt amongst the French Revolutionary War in 1798. Napoleon had used a ruse to allow his fleet to enter “safely” to the harbour before turning on the Knights who then capitulated.
Napoleon made many reforms and changes to the islands, creating a Government Commission, establishing twelve municipalities, a public finance administration, abolished all feudal rights and privileges, abolished slavery and granted freedom to all Turkish and Jewish slaves. He also reformed the judiciary and education system, before sailing on to Egypt, making sure to leave a substantial garrison in Malta.
But French Forces left behind became quickly unpopular to the Maltese due to their hostility towards Catholicism, as well as the pillaging of local churches to fund Napoleon’s war efforts. French financial and religious policies angered the Maltese enough to rebel, and with the support of the British, Naples, and Sicily, the French were forced to depart and the British blockaded the islands using its navy.
The British persuaded the French garrison left on Gozo to surrender. The island of Malta was allowed to govern itself and was administered by Archpriest Saverio Cassar on behalf of Ferdinand III of Sicily. Gozo itself remained independent until Cassar was removed by the British in 1801. The islands became a British Dominion at the wishes of the people, along with a Declaration of Rights that granted British protection but that the British Monarch had no right to cede the islands to any other power, the British Monarch could only give independence.
The 1814 Treaty of Paris officially made Malta into a British Crown Colony and the islands became a shipping way-station and fleet headquarters. It became more important after the Suez Canal was opened in 1869, the islands were also considered an important stop on the way to India, which was a central trade route for the British.
During World War 1 the islands became a common place for wounded soldiers to be treated. Resentment towards British colonial control had begun to grow by this point, and there was a growing movement to have Malta incorporated a part of Italy. The support for this increased in 1919 after British soldiers fired into a crowd of people protesting high taxes and killed four people, known as Sette Giugno, the victims are commemorated annually via a national day.
Valletta was the headquarters for the Mediterranean Fleet of the Royal Navy but this HQ was moved to Alexandria, Egypt in 1937 as it was feared it was too vulnerable to air attacks from Europe. Malta was strategically important for the Allies during World War 2 as it was a British Colony close to Sicily and Axis shipping lanes, which also made the islands a target for Italian and German air raids. The British used Malta to launch attacks against the Italian navy and also kept a submarine base operating there, and it was also used as a listening post to intercept enemy communications including German Enigma traffic.
The Nazis and Fascist Italy attempted to take the islands during the Siege of Malta from 1940 to 1942 but were repelled, the island would come to prove pivotal for the Allied campaign in North Africa.
Malta would be granted independence as the State of Malta in 1964 following intense negotiations with the United Kingdom, led by the Maltese Prime Minister George Borg Olivier. Malta retained the British Monarch as Head-of-State who acted through a Governor-General. Then following the success of the Malta Labour Party in 1971, Malta declared itself a Republic in 1974, with an elected President as Head of State. A defense agreement with Britain would end in 1979 and thus the British base on the island closed down and all lands formally controlled by the British on the island were gave up to the Maltese government.
Malta adopted a policy of neutrality in 1980, then in 1989 it held an historic summit between US President George H.W. Bush and Soviet leader Mikhail Gorbachev that signaled the end of the Cold War. Malta joined the European Union in 2004 and then adopted the Euro as its official currency in 2008.
Official languages are Maltese and English, the largest people are the Maltese but there is a significant non-Maltese population that continues to grow on the island as well, making up 21% of the total population in the last Census. Roman Catholic is the largest religion. Malta’s population is over 443,160.
Government Type
Malta is a Parliamentary Representative Democratic Republic where there is a President who is Head of State and a Prime Minister who is Head of Government. The legislative government is a unicameral one where the House of Representatives of Malta is the single chamber of the legislature. Multiple parties are allowed but as it stands the two most dominant parties are the Nationalist Party and the Labour Party.
Malta has constitutionally declared itself as a neutral country and adheres to a policy of non-alignment, and refuses to participate in any military alliance. This means no foreign bases are permitted in Malta, and no military facilities can be used by foreign forces, although the Maltese government can request foreign forces under specified conditions such as for self-defense in the event of an armed violation affecting Maltese sovereignty, or to pursue measures and actions decided by the UN Security Council, or also whenever there exists a threat to sovereignty, independence, neutrality, unity or territorial integrity of Malta.
No foreign military personnel are allowed on Maltese territory unless they are assisting in the performance of civil works or activities, or a reasonable number of military technical personnel assisting in the defense of the Republic of Malta.
Another interesting passage in Malta’s constitution on neutrality is that their shipyards will be denied to military vessels of ‘the two superpowers’ and I wonder if this is a part left over from the Cold War referencing the US and what was then the Soviet Union.
The Constitution also states that Malta’s official religion is the Roman Catholic Apostolic religion.
The Executive Government
The position of the President is largely ceremonial in Malta but does serve some important functions that will be made clear during the course of this post. Executive authority is vested in the President (usually advised by the Prime Minister or Minister responsible).
Presidential Duties and Responsibilities
Powers of summoning a session of Parliament, as demanded or guided by the Constitution, this includes summoning the Parliament which has been dissolved for a General Election if an emergency has came about in the opinion of the Prime Minister, then the Parliament shall dissolve on the date which the polls are concluded.
The President may dissolve or prorogue Parliament at any time on advice of the Prime Minister, this would usually be due to some kind of issue such as a deadlocked Parliament or some kind of political crisis that impedes the ability of the Government to function that may require these actions to help reach a mend.
The President may dissolve Parliament off their own judgement only under certain conditions, such as if the Prime Minister has lost the confidence of the House of Representatives but either refuses to resign within 3-days, or does not themselves advise the President to dissolve Parliament. Or if the position of Prime Minister has become vacant and the President considers there is no prospect within a reasonable time to appoint a new Prime Minister who can command a majority.
The President does also have the power to refuse to dissolve Parliament after having been asked to do so by the Prime Minister, as the President may consider that Government can be carried on without a dissolution and that it would not be within Malta’s interest.
If Parliament has been dissolved fresh elections for the House of Representatives must take place within 3-months.
The President gives assent to laws passed by the Parliament.
The President has the prerogative of mercy, giving the President the power to grant pardons from convictions either free or subject to lawful conditions; grant respite from execution of a sentence, either indefinite or for a specified period; substitute a less severe form of punishment; remit in whole or part any sentence. The President will always consider pardon or respite for any Maltese citizen who has been sentenced to death, although this no longer matters anymore as the death penalty has since been fully abolished in Malta since 2000, with the last execution having taken place in 1943.
The President has the ability to remove a judge of the Superior Courts or Magistrate of the Inferior Courts or the Auditor General upon an address by the House of Representatives supported by the votes of at least two-thirds of all the members wanting the removal due to proven inability to perform functions of the office due to infirmity of the mind or else or due to proven misbehavior.
Magistrates of Inferior Courts are appointed by the President on advice of the Prime Minister after the appointment has been evaluated by the Judicial Appointments Committee, but the Prime Minister has the power to not comply with the Committee’s decision on the appointment, giving reasons why in the Gazette and to the House of Representatives.
Presidential Vacancy or Absence
Whenever the office of President is vacant, either temporarily or awaiting a new appointment, then these functions will be temporarily performed by the Prime Minister, after consultation with the Leader of the Opposition, who can appoint someone temporarily to the position, or if there is no such person then by the Chief Justice. Note: The wording of this paragraph in the Constitution is a little confusing so I may have misinterpreted it, but if I understand it correctly, either the Prime Minister can temporarily take on the responsibilities (after consultation with the Leader of the Opposition), or they can appoint someone else to do so temporarily but if there is no such person, then the Chief Justice takes the responsibilities temporarily.
Presidential Removal
A Resolution of the House of Representatives can remove the President from office on the grounds of inability to perform the functions of their office either due to infirmity of the body or mind or any other cause, or due to misbehavior.
Prime Minister and Government
The Prime Minister is the Head of Government and is appointed by the President following legislative elections, based on who commands the most confidence in the House of Representative, by convention a leader of the largest party or coalition.
The President also appoints the Leader of the Opposition following legislative elections from the largest opposing party or from a grouping considered to be most opposed to the governing party/coalition by judgement of the President. Typically, again by convention it would be the leader of the largest opposing party. The President may revoke the appointment at any time if by their judgement any person commands the majority of the opposition, and they shall then be appointed.
There is a Cabinet which is the highest executive decision-making body of the Government, consisting of the Prime Minister and other Ministers. The body has general direction and control of the Government and is collectively responsible before Parliament. If the Prime Minister and Cabinet lose confidence of the Parliament then they lose power.
The Ministers are appointed by the President on advice of the Prime Minister. Ministers can be revoked from their positions to appoint a new Minister again on advice of the Prime Minister. While acting in accordance with advice of the Prime Minister, he/she may assign to the Prime Minister or another Minister responsibility for any business of Government including administration of any department of Government, while making sure this does not contravene the Constitution or any law in affect.
There are Parliamentary Secretaries that can assist Ministers in their duties, they are appointed by the President on advice of the Prime Minister.
Ministers can be charged with responsibility to any department of Government, giving them general direction and control over them. These departments can be put under the supervision of a Permanent Secretary, two or more departments may be under the supervision of just one Permanent Secretary if decided. They are appointed and removed by the President on advice of the Prime Minister after he/she has consulted with the Public Service Commission.
If the Prime Minister is absent for any reason such as due to illness or being on vacation then the President authorizes a member of the Cabinet to perform those functions (as an Acting Prime Minister) until their authority is revoked by the President. The member chosen is on advice of the actual Prime Minister unless the President deems it impractical to obtain that advice, whereby he/she then uses their own judgement. Temporary Ministers may also be appointed when a Minister is not able to currently carry out their job, this is on advice of the Prime Minister.
It is the duty of the Prime Minister to keep the President fully informed concerning general conduct of the Government and also furnish the President with such information as they may request with respect to any particular matter relating to Government.
Commissions and Other Bodies
There is an Electoral Commission which consists of a Chairman and a number of other members that are not less than four in number. The Chairman is always the Chief Electoral Commissioner who is appointed by the public service. The other members of the Electoral Commission are appointed by the President in accordance with advice from the Prime Minister, after consultation with the Leader of the Opposition. Members of the Commission may not be Ministers or Parliamentary Secretaries, or a member of the House of Representatives nor a public officer. Members hold office for three years.
Members of the Electoral Commission can be removed by the President acting in accordance with advice of the Prime Minister, and members may only be removed due to inability to perform functions such as due to infirmity of mind/body or other ailment, or due to misbehavior. If a vacancy is temporary then a temporary member can be appointed in their place until return of the usual member, this temporary appointment follows the same procedure as a normal appointment.
- The Electoral Commission reviews electoral divisions and also reviews the conduct of elections. Questions on membership of the House of Representatives are decided on by the Constitutional Court.
There is an Office of Ombudsman who is the Commissioner for Administrative Investigations who investigates actions taken by or on behalf of the Government, or by such other authority, body or person as may be provided for by law. How the Ombudsman is appointed, their term of office, manner of removal and suspension, is determined by an Act of Parliament and not constitutionally fixed.
There is an Office of the Attorney General which is a public office, it is appointed by the President in accordance with advice of the Prime Minister. The person appointed must be qualified for appointment as a judge of the superior courts, they cannot be 65-years or older and if they reach that age while in office, they must vacate the office. The Attorney General is the Government’s top legal advisor, with the power to institute, undertake, and discontinue criminal proceedings.
There is an Office of the Auditor General which is a public office. They are an office of the House of Representatives and is appointed by the President acting in accordance with a resolution supported by at least two-thirds of all the members of the House. They serve for 5-years and can be reappointed for only one further term. The Auditor-General is head of the National Audit Office audits the accounts of all departments and offices of the Government, including the office of the Public Service Commission, and the office of the Clerk of the House of Representatives and of all the Superior and Inferior Courts of Malta.
The Auditor General also audits such other public authorities or other bodies administering, holding, or using funds belonging directly or indirectly to the Government as may be prescribed by or any law for the time being in Malta. Accounts are audited annually and reported upon annually to the House of Representatives
One of the Superior Courts is the Court of Appeal, also known as the Constitutional Court, which is composed of three judges.
The Superior Court judges are the Chief Justice and such other number of judges as prescribed by law. Judges of the Superior Courts are appointed by the President on advice of the Prime Minister after their appointment has been evaluated by the Judicial Appointments Committee. Appointed Judges of the Superior Courts must vacate their office at the age of 65.
The Prime Minister can choose not to comply with the decision on an appointment by the Judicial Appointments Committee if he/she disagrees with it, if this power is used then the Prime Minister or Minister responsible for Justice must publish a declaration in the Gazette announcing the decision and giving reasons for why within 5-days; and make a statement in the House of Representatives as to why not later than the second sitting of the House. This power cannot be used for appointment of the Chief Justice.
The appointment of the Chief Justice must be further approved by vote of not less than two-thirds of all members of the House of Representatives.
This court has jurisdiction to hear and determine…
- Questions on membership of the House of Representatives
- On election of members to the House of Representatives.
- Appeals from decisions of the Civil Court, First Hall, under Article 46 of the Constitution (on enforcement of protective provisions).
- Appeals from decisions of any court of original jurisdiction in Malta as to interpretation of the Constitution other than those that may fall under Article 46.
- Appeals from decisions of any court of original jurisdiction in Malta on questions as to the validity of laws other than those which may fall under Article 46.
- Any question decided by a court of original jurisdiction in Malta together with any of the questions referred to above on which an appeal has been made to the Constitutional Court.
There is a Judicial Appointments Committee, it is a subcommittee of the Commission for the Administration of Justice. The Committee is composed of the Chief Justice (who is the Chairman), the Attorney General, the Auditor General, the Ombudsman, and the President of the Chamber of Advocates (as long as the President of the Chamber of Advocates is eligible to be a member of the judiciary, if they are not then the Chamber of Advocates nominates an eligible member).
It is to be noted that a constitutional amendment made it so that the majority of the members of this Committee must be members of the judiciary, so it is possible the composition may not be exactly as described here.
This Committee…
- Receives and examines interests from persons interested in being appointed to the office of Judge of the Superior Courts (other than the office of Chief Justice) or of magistrate of the Inferior Courts. A permanent register is kept on this and to relative acts related, the register is secret and only accessible to Committee members, the Prime Minister, and Minister of Justice.
- Conducts interviews and evaluations of candidates for the offices mentioned above in manner deemed appropriate and to request information from any public authority as considered reasonably required.
- To give advice to the Prime Minister through the Minister of Justice about its evaluation on the eligibility and merit of candidates for appointment to the mentioned offices.
- Gives advice on the eligibility and merit of persons who already occupy the offices of the Attorney General, Auditor General, Ombudsman, or of magistrate of the Inferior Courts to be appointed to an office in the judiciary, when requested by the Prime Minister.
- Gives advice on appointment to any other judicial office or office in the courts as the Minister of Justice may from time-to-time request.
There is a Commission for the Administration of Justice. The President of the Republic is its Chairman and it includes nine other members, the Chief Justice who is Deputy Chairman; the Attorney General who is ex-officio; two members elected for 4-years by judges of the Superior Courts from among themselves; two members elected for 4-years by Magistrates of the Inferior Courts from among themselves; the President of the Chamber of Advocates as ex-officio; and two further members, one appointed by the Prime Minister, the other by the Leader of the Opposition, for 4-years, who are persons at least 45-years-old, and enjoy general respect of the public and have a reputation of integrity and honesty.
The President only has a casting vote in this Commission to break ties.
This Commission…
- Supervises the workings of all the Superior and Inferior Courts and makes such recommendations to the Minister of Justice as to the remedies, which appear to it, conductive to a more efficient functioning of such courts.
- Advises the Minister of Justice on any matter relating to the organisation of the administration of justice.
- Exercises discipline on judges and magistrates through the subcommittee of the Commission for Judges and Magistrates.
- Draw up code or codes of ethics that regulate conduct of members of the judiciary.
- On advice from the Committee for Advocates and Legal Procurators (a subcommittee of this Commission) to draw up code or codes of ethics regulating the professional conduct of members of those professions, if such advice is not given within such period of time established by the Commission, then the Commission may draw up the codes without the advice.
- Draw attention of any judge or magistrate on any matter, in any court in which they sit, which may not be conducive to an efficient or proper functioning of such court.
- To exercise, in accordance with any law, discipline over advocates and legal procurators practicing their profession.
There is a Public Service Commission. It consists of a Chairman, Deputy Chairman, and three other members who are appointed by the President in accordance with advice of the Prime Minister after she/he has consulted with the Leader of the Opposition, they hold 5-year terms.
- This commission gives recommendations to the Prime Minister on appointments to public offices, appointment transfers, and of removal and disciplinary actions against such people.
There is a Broadcasting Authority. It consists of a Chairman and such other number of members not being less than four, they are appointed by the President in accordance with advice of the Prime Minister after she/he has consulted with the Leader of the Opposition, they serve 5-year terms.
This Authority…
- Ensures that such sound and television broadcasting services, due impartiality is preserved in respect of matters of political or industrial controversy or relating to current public policy and that broadcasting facilities and time are fairly apportioned between persons belonging to different political parties.
There is Employment Commission. It consists of a Chairman and four other members who are appointed by the President who acts in accordance with advice of the Prime Minister after she/he has consulted with the Leader of the Opposition (on appointment of the Chairman), the other four members the President acts on accordance on advice of the Prime Minister (for 2) and then Leader of the Opposition (for the other 2 members). They hold terms of 3-years.
This commission…
- Ensures, in respect of employment, no distinction, exclusion or preference that is not justifiable in a democratic society is made or given in favour or against any person by reason of his political opinions.
The Legislative Government
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The legislative government is made up of a unicameral parliament that is the House of Representatives. The number of members it has is not constitutionally fixed and so can be changed by law. As it currently stands Malta’s Parliament has 67 members with the two main parties (and only currently represented parties) being the Labour Party and the Nationalist Party, there is a few Independent members.
The constitution does guide the composition of the Parliament, saying that the number of members must be an odd number and divisible by electoral divisions, as determined by Parliament. Electoral Divisions cannot elect less than 5 or more than 7 members each. But parties that perform well in elections can also obtain additional members in Parliament on a proportional basis. Additional members happen if a party gets more than 50% of the cast votes in an election or if there are more than two political parties running it is determined by a formula, additional members ensure that there is not disproportionality.
The number of electoral divisions must also be an odd number (currently there are 13) and there cannot be less than 9 or more than 15 electoral divisions, the number of electoral divisions is determined by Parliament.
As usual the main purpose of a Parliament is to legislate, scrutinizing, debating laws that are introduced and possibly amending them and either passing or rejecting such bills. The Parliament makes laws for the peace, order and good government of Malta with full respect for human rights, generally accepted principles of international law, as well as Malta’s international and regional obligations. When a legislative bill is passed it goes to the President of the Republic for assent.
Unless recommended by the President of the Republic (signified by a Minister responsible) then the House cannot proceed upon any bill or motion (or amendment to such bill or motion) that impose or increase tax, for imposing or increasing any charge on the revenues or other funds of Malta or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to Malta. The House may also not receive a petition on any that is mentioned here, unless again recommended by the previously stated procedure.
With respect to the Constitution, Parliament may also by law determine the privileges, immunities and powers of the House of Representatives and its members. The Constitution already fixes a number of immunities for legislators as do most constitutions. The House of Representatives can regulate its own procedure, subject to the Constitution, including the setting up of Committees into matters of general public importance, such Committees must be composed as fairly as possible as best to represent the House’s parties and members.
For the House of Representatives to function at least 15-members must be present to give the House a Quorum, if this is not the case then the House is adjourned.
The House of Representatives elects a Speaker to preside over it, either elected from among themselves (as long as they are not a Minister or Parliamentary Secretary) or someone who is not a member of the House of Representatives but is qualified to be so (but would be treated as one if elected). They represent the house in an impartial manner, ensure house rules are followed, and conducts agenda of the house. The Speaker cannot vote but if there is a tie on a matter, they can put forth a casting vote to break the tie.
A Deputy Speaker is also elected who is always elected from among the existing members who are not a Minister or Parliamentary Secretary.
The Electoral System
The President is elected every 5-years via a Resolution of the House of Representatives, which is the unicameral legislature of Malta, a nominee is appointed by them via attaining at least a two-thirds majority of members votes.
The President must be a citizen of Malta, cannot hold or have held the position of Chief Justice or other Judges of the Superior Courts, they may also not be a Minister, Parliamentary Secretary, a member of or candidate for election to the House of Representatives, cannot be a member of a local government authority, and cannot be a public officer. They will not be eligible for appointment to or to act in any public office.
Legislative elections for the House of Representatives take place every 5-years unless sooner dissolved. Although the term may be extended beyond 5-years if Malta is at war, if this is the case the extension would be no more than 12-months at a time and cannot go beyond 5-years.
Members are elected from multi-seat electoral divisions using the single transferable vote whereby voters determine who they would like their vote to be transferred to if the original candidate/s of their choosing fail to win, it allows voters to give a preference of multiple candidates in their electoral division. This prevents votes from being wasted, allows proportionality, and can help better determine candidate popularity. As mentioned earlier additional members can also be allocated to a party based on their overall performance, such as if they perform far better than the other party or parties, determined by a formula.
The ultimate makeup of the Parliament determines the governing party/coalition which indirectly determines the Prime Minister and makeup of Government, and determines the largest opposition party/group that indirectly determines the Leader of the Opposition.
Elections to the House of Representatives can be suspended by the Electoral Commission, either in all or certain electoral divisions, if there is reasonable ground to believe that illegal or corrupt practices or other election offenses have been committed or if there is foreign interference and that such practices, offences, or interferences have so extensively prevailed or have been of such nature that they may reasonably be expected to affect the result of the election. When a suspension takes place then the Chief Electoral Commissioner will refer the matter to the Constitutional Court for a decision.
If all the above is met but the Electoral Commission has not acted to suspend the election, then people who have voted in the election are entitled to, within three days of the publication of the official results of the election, refer the matter to the Constitutional Court themselves for a decision.
Those elected to the House must be a citizen of Malta, and be resident in Malta for at least 6-months within a period of 18-months preceding their registration. They are disqualified for holding citizenship of another country; if they are holding or acting in any public office or is a member of the armed forces; if they are party to, or are a partner with unlimited liability in a partnership or a director or manager of a company which is a party to, a contract with the Government being a contract of works or a contract for the supply of merchandise to be used in the service of the public and has not, within one month before the date of election, published in the Gazette a notice that sets out the nature of any such contract, and their interest, or interest of any such partnership or company.
They can also be disqualified for being an undischarged bankrupt; if they are determined to be of any mental infirmity or of unsound mind; if they are under sentence of death or are serving a sentence of imprisonment that exceeds 12-months; performing work to do with election of members of the House or revision of any electoral register; or having been convicted of an electoral offence.
To vote in elections one must register to vote which requires them to be a citizen of Malta who is at least 16-years-old and has been resident of Malta for at least 6-months during an 18-month period preceding registration. Voting is not mandatory.
Voters can be disqualified for being of infirm or unsound mind, being under sentence of death or imprisonment exceeding 12-months, or convicted for electoral offenses.
Sources
The source for this comes from Malta’s Constitution of 1964 with amendments through to 2016 (constituteproject.org). It is of note that there were a number of amendments since then with those most relevant to this post (amendments in 2018 and 2020) have been included and so this should be as up to date as possible although there is a chance that I may have missed some other things.
Those amendments including now needing a qualified majority (at least two-thirds of all members) from the House of Representatives to elect the President and at least two-thirds required for removal. There was also the change of requiring a two-thirds majority of Parliament to accept the Chief Justice appointment. The composition of the Judicial Appointments Committee was also changed. And finally, a change that lowered the voting age to 16.
As always note there may be things I have misinterpreted, missed, and as always there is a chance the Constitution may be amended again and eventually this post may become outdated.
Proposals to amend the Constitution require a two-thirds majority vote in the House of Representatives and approval in a referendum, and a final majority vote in the House of Representatives and then be assented to by the President.
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Next up will be the government system of the Marshall Islands.