The 1974 constitutional reform, in context of Article 2 : a critical review

Abstract

Religion has always been a core foundation of the Maltese State, both politically and legally. Such that the legislators felt the need to amend it in 1974 as part of the legal reform of the day. However times have changes and society has progressed. Thus it was this that aroused great interest in the student. In this paper the author made use of comparative law so as to understand the ways through which she could propose changes in the second article of Our Constitution. Proposition which have also been made upon the basis that one must adhere to the Fundamental Rights entrusted upon all natural person. The author thereby put forward the changes or proposed amendments in the conclusion basic on the fact that Malta is becoming more secular and positivist, as outlined by Immanuel Kant’s study on ethical experience. The proposed provisions seek to maintain the article with added changes whilst also proposing the possibility of changing the article completely, such that it still values morality, respect to all religious denominations and human rights.