Questioning parliamentary supremacy over the courts yet again

Abstract

The author of this article subscribes to the view that the supremacy of the Constitution of Malta over Parliament is fact, not fiction. Consequently, it is submitted in this article that the Maltese Parliament must not only operate within the confines of the Constitution of Malta, but should also acknowledge this supremacy. A consequence of constitutional supremacy is that the Maltese Parliament is neither superior, nor immune to the jurisdiction of the Courts of Justice. The question of supremacy of Parliament over the Courts of Justice, was the subject of what is now a classic Maltese court judgment Mintoff vs Borg Olivier, and arose again in a recent ruling by the Speaker of the Maltese House of Representatives. The latter ruling is examined in the light of the former court judgment.