President’s duties and obligations under the constitution

In terms of section 50 of the constitution, the president solemnly swears that he will faithfully execute the office of president (perform the functions of the president) of Malta and will to the best of his ability preserve, protect and defend the Constitution of Malta.

Section 33 sub-section(1) of the constitution under the title ‘Protection of Right to Life’  states: “No person shall intentionally be deprived of his life save in execution of the sentence of a court…”

Sub-section (2) then lays down a number of further exceptions (where a person can legitimately, intentionally be deprived of his life), such as by another person in self-defence or for the defence of property.

President George Vella. Photo: Matthew Mirabelli

Nowhere is the right to life of an unborn child waived – nowhere is it justified to intentionally terminate the life of an unborn child.

In other words, the president is obliged and bound to preserve, protect and defend the right to life, including that of an unborn child.

It, therefore, follows that the president, as part of parliament in terms of Section 51 of the constitution, is duty bound and obliged to refuse to enact a law waiving the right to life of an unborn child and this irrespective of his own moral convictions.

Were the president to sign such a law to bring it into effect, he may be subject to impeachment under section 48 sub-section (3)(b) of the constitution due to misbehaviour in having breached the constitution and his very oath of office.

Further, should the president refuse to sign such a law and, therefore, block it, as is his duty, he is not required to resign – one does not resign for doing his duty.

I would point out that, in terms of section 50 of the constitution, all the above would apply to a person assuming the office of president during the president’s absence.

It should also be pointed out that, in terms of section 6 of the constitution, “if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void”.

Austin Sammut – Mosta

History repeating itself

As is well attested, history repeats itself.

In an effort to understand what is happening in our countryside, do read about what is called ‘The great enclosure movement’ in English history.

Apart from the fact that our great 10th commandment, ‘You shall not hunger greedily for your neighbour’s goods’, was blatantly ignored.

Victor Degabriele, SJ – Mosta

A paradoxical situation

Isn’t it a paradoxical situation that the more emancipated westernised women have become, the more they seem to be subjected to domestic violence?

Carmel Sciberras – Naxxar