A Commentary on the Constitution of Malta (Second Edition), 2022

By Tonio Borg

Published by Kite Publishers

It has been six years since Tonio Borg published the first edition of A Commentary on the Constitution of Malta.

That excellent volume made a unique and valuable contribution not only to the understanding of the Maltese Constitution but also to the appreciation of its historical context and the myriad cases that have been decided under its provisions.

The second edition of the Commentary has just been published and, unsurprisingly, it preserves the high standard of its predecessor. The attention to detail is uncompromising and the book provides a superb and careful examination of each provision of the constitution in turn.

Over the past six years, much has changed across the Maltese constitutional landscape, and this second edition has been updated to take account of these developments. The most notable change in recent years has been as a result of reforms recommended by the European Commission for Democracy through Law (Venice Commission) in 2019.

Prominent amendments were those that changed the way in which certain positions are filled, with a common objective of reducing the extent to which government can impact on appointment processes.

Other reforms include adjustment to the electoral process, Act XX of 2021 introducing a mechanism that seeks to correct the under-representation of a particular sex in parliament.

Borg has lived and breathed the constitution, about which he writes so passionately, all his professional life

In addition to formal amendments to the constitutional text, the past six years has also seen significant development in the jurisprudence of the Constitutional Court and the way in which the judiciary have been able to shape the application of the constitution itself. As Borg acknowledges in the preface to the second edition, this development has been largely “positive”, particularly with regards to the protection of certain rights, though “[a]reas of contestation and controversy [also] remain”.

Further reform is needed, says Borg, to ensure that the constitution can retain its status as “a living instrument … [being able] to adapt to new situations”.

This is a timely call. Notwithstanding the recommendations of the Venice Commission in 2019, reform of the Maltese Constitution has been on the legal and political radar for some time. Correction of the unduly restrictive approach to legal standing and concern for the strength of the constitution’s supremacy are just two areas highlighted by Borg as justifying potential further reform.

Discussion of these reforms and developments is expertly woven into Borg’s Commentary, not only providing clear explanation of the changes introduced but discussing the rationale behind their adoption and critically analysing their potential operation. There is no one better placed to provide this detailed examination of the Constitution of Malta than Borg.

His expertise on the topic is unparalleled, having held prestigious posts within the Maltese Parliament and government, the European Union, and the legal academy, as well as having published prolifically in the field.

Borg has lived and breathed the constitution, about which he writes so passionately, all his professional life. This tome is essential reading for everyone with an interest in the Constitution of Malta, from those passingly curious about its history and the way in which it operates, to those who study and apply its provisions on a daily basis.

 John Stanton is a senior lecturer in Law, City, University of London.