In his article George Cross Island (March 27), Martin Scicluna makes a case to retain the George Cross on the national flag.

At the time the decision was made, Malta had a semi autonomous status with self-government. The British government had retained power in matters of foreign policy and defence. So it begs the question whether King George had the right to order that the Maltese flag be changed to feature the George Cross.

Thomas Jefferson, a lawyer, had made a very interesting constitutional argument prior to the outbreak of the American colonies’ war of independence. He argued the king could only rule through Parliament following the 1688 revolution where Parliament was seen as the supreme ruling body. Well, the colonies had their own parliaments, so he argued that the king could not dictate and impose taxes and where they should go without the approval of the parliaments of the American states. They were also parliaments within the empire and the king could not ride roughshod over them. ‘No taxation without representation.’ The American people were represented by their own parliaments. This is what led to the war of independence.

Should it not have been our elected representatives to decide whether the national flag should feature the George Cross?

The king had the power to award medals but not to change the flag of a nation that had been granted self-government, without its consent, whether or not the decision was made by him or by his representative. This fine constitutional point has been overlooked in the debate.

Canada, New Zealand and Australia held referenda to decide on whether to retain the Union Jack on their flags, which had been a Crown decision. Only Canada threw it out. In the spirit of democracy, I believe the people of Malta should be asked to decide whether to retain the George Cross on the flag or not.

Independently of the outcome, it would then be our decision as an independent nation and not one imposed upon us by the Crown of our former colonial masters, which may have actually acted ultra vires its powers.