The 50th anniversary of the Republic of Malta calls for a period of reflection. How have the Independence Constitution and the 1974 amendments which ushered in a republican form of government, served the country?
Certainly, the changeover from a monarchy to a republic was not free of legal difficulties. The stratagem used by a vast majority of the MPs in December 1974 to bypass the supremacy clause contained in Article 6 of the Independence Constitution was not acceptable to all.
Professor J.J. Cremona, the drafter of the 1964 Constitution and later Chief Justice, harshly criticised, after his retirement from the bench, the means used in 1974 to suspend the supremacy of the Maltese Constitution. It was done to avoid holding a referendum on the changes from a monarchy to a republic as required by the 1964 Constitution. He held that there was a break in legal continuity, though this was endorsed by “political acquiescence”.
Be that as it may, 50 years after the eventful events of December 1974, the time has come to revisit our constitution and identify the areas where improvement is needed in the light of modern developments.
The 1964 Constitution and the 1974 amendments have not prevented Malta’s institutions, at certain moments in time, from being undermined. Some anomalies have been solved and endorsed, such as the electoral corrective mechanisms to avoid a repetition of the 1981 perverse electoral result; others are crying out for an immediate solution.
The much-anticipated consultation process started by former president Marie-Louise Coleiro Preca should be revived by President Myriam Spiteri Debono
The issues that need to be solved are many: such as the implementation of the Daphne Caruana Galizia inquiry recommendations regarding journalistic freedom, and the protection of the environment, which is under threat.
Another issue that needs a thorough debate is that of guaranteeing a solid and effective fight against corruption; in the light of recent experiences, the time has come to establish a commissioner who will be empowered to take executive action, including criminal prosecution, without the need of prior approval by the police or attorney general, in serious corruption cases.
These are only a few of the issues that need to be discussed if society in general and the political parties in particular, intend to celebrate the 50th anniversary of the establishment of the Republic not as an event of the past, but as a springboard to improve our institutions and organs that are set up to prevent abuse of power.
The lack of confidence in State institutions can only be remedied if those in power, whether in government or opposition, show the political will to discuss these issues and others to ensure that our Republic reflects the needs of modern times.
Anomalies still abound in our supreme law. For instance, there are too many provisions that prevent court scrutiny of government action. The Public Service Commission and the Commission for the Administration of Justice, which perform important functions, are protected from any court scrutiny by an express provision of the supreme law of the land, even though the courts of law have been valiant in trimming such immunity in practice.
Non-governmental organisations are prevented from filing human rights or constitutional actions on the pretext that they do not have a personal, direct, juridical interest in the human rights breach.
The much-anticipated consultation process started by former president Marie-Louise Coleiro Preca should be revived by President Myriam Spiteri Debono. Such a consultation process would allow civil society to air its views on Malta’s apex law. It would be a fitting commemoration of the Republic’s 50th anniversary.