The very first words of the constitution of Malta are: “Malta is a democratic republic…”

The fundamental nature of a democratic republic is the wielding of supreme power by the people through a system of government which devolves that power to its elected representatives. In Malta, those elected representatives are our members of parliament. This makes the House of Representatives the highest institution in the land.

President George Vella received communication from the majority of MPs sitting on the opposition benches that they no longer have confidence in Adrian Delia to be their leader in the House of Representatives. In terms of one article in the constitution, his next move should have been to remove Delia as leader of the opposition.

After three days of consultations he reached his decision: because the constitution also specifies that the leader of the opposition must be the leader of the party with the largest number of opposition MPs, he could not appoint another MP in Delia’s stead.

Having a vacancy in that post, he argued, would be untenable and not desirable in a democracy.

The president, therefore, invoked the ‘Principle of Necessity’ to give the case “special treatment” in the interests of stability and continuity, and in respect of the spirit of the constitution: Delia stays in place.

Vella, however, expressed hope that “developments” would clarify the situation, perhaps referring to internal PN meetings due to take place where leadership claims will no doubt continue to be thrashed out.

The president has elevated the standing of political parties to the level of the members of parliament who, while they do represent those parties, are there primarily to represent and serve the people who elected them

The president, in his deliberations, has elevated the standing of political parties to the level of the members of parliament who, while they do represent those parties, are there primarily to represent and serve the people who elected them. Indeed, a party cannot unseat any of its MPs.

In a parliamentary democracy such as ours, political parties are merely a means to an end and not an end in themselves. They serve as vehicles and platforms, from which the people then elect their representatives in the House.

Those first, loaded words of the constitution – “Malta is a democratic republic…” – should have served as the president’s guiding principle in his interpretation of the relevant articles.

His decision, as guardian of the constitution, ultimately needed to be consistent with the letter and spirit of that statement. His primary duty is to protect the MPs’ role as the people’s, not the party’s, representatives. In that sense, their will is supreme.

When Vella took office just over a year ago, he had pledged to strengthen national unity and rekindle respect for national symbols, above all the constitution. And in his famous speech on Republic Day last December he spoke of Malta being far bigger than the “gang of people” who had brought shame on the country. In uttering those words, Vella was fulfilling his role as president for all the people.

He also pointed out, after calls for him to take action in those circumstances, that the president’s powers were limited. Yesterday, he had an opportunity to exert that power.

His decision may well have been taken with the best interests of the country in mind.

It remains to be seen, though, whether going against the will of the people’s representatives will help preserve or damage the integrity of this republic’s democracy.

Nowhere is the spirit of the constitution better expressed than in those first words.

The PN now needs to sort itself out. That too is a democratic imperative.

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