The executive functions of the President in the Constitution of Malta : a critical review

Abstract

This paper traces the origins of the Presidency of the Republic of Malta, along the historic itinerary that has lead the Office of the President to be embedded in the Constitution. It analyses the evolution of events that caused the position of the Head of State to become firmly rooted in the Maltese republican model. It examines the presence, absence or degree of that vital constitutional element which is the Separation of Powers, with regards to the functions attributed to the Office of President. It reviews some salient models of Presidencies in other modern democracies in a comparative attempt to highlight the weaknesses and strengths of the Maltese Presidency. The exercise meanders through relevant academic critiques and focuses on specialist opinions expressed both at the time of inception of the Republic, and in the course of the ongoing debate on the functions of the President, and possible eventual amendments thereof. It explores past and present efforts to rectify related anomalies in the Constitution and the respective theories that have ensued. It delineates such functions particularly in the context of empowerment conferred by the Constitution and contrasts arguments in favour, against, or the possible extent of any eventual amendments to such. It identifies the evolution that has led towards an almost natural mutation of the role of the Presidency, as a result of the emancipation of national characteristics which have left their mark through the unique personalities of the Heads of State, all of whom, have represented that symbol of national unity which is paramount in the Office of President. Finally it explains the development of the current Presidential set-up and suggests some possible enhancement to this High Office that would contribute towards the achievement not only of more effective practices, but equally a greater popular respect.