The case for and against the bicameral parliamentary system : case study, Malta 1919-1947

Abstract

Malta has had a very interesting constitutional history. The development of Malta’s Constitutions can be traced along a linear time-chart, fluctuating according to the level of liberalism or democracy each constitution provided for the body politic of the Island. The present dissertation is a study of Malta’s constitutional history, focusing on the bicameral legislative system that was operative in Malta during the highly important and interesting first period of self-government, that is, in the inter-war period and until 1947, when there was still a chance of re-introducing a second chamber by the MacMichael self-government constitution. The theme of bicameralism in Malta is set in a wider context, both in space and time, through an introductory study of the origin and development of various types of second chambers. The present debate about bicameralism in Italy is also covered. The case for and against bicameralism in Malta was passionately debated in the Malta National Assemblies of 1919-1921 and 1945-1947 when the Maltese leaders were drafting a Constitution for the consideration of the British Government. In both instances, the case for prevailed, albeit narrowly, after a vote. But while the Legislature as granted by the 1921 Constitution was bicameral, the one of 1947 was unicameral. The latter decision by the Secretary of State for the Colonies was dictated by the negative experience gained during the constitutional impasse of 1928-30, which is hereby fully investigated. The Senate’s contribution towards Malta’s Legislature was not wholly negative. Many important Acts for the good government of the Island and which made legislative history in Malta, originated in the Senate, and are also discussed in this work. The new insights afforded by the depth of analysis in the case for and against the introduction and functions of Malta’s Senate will hopefully contribute towards a greater knowledge and understanding of Malta’s constitutional history.