The relevance of the neutrality clause of the Maltese Constitution after the fall of the Berlin wall and in light of a new cold war

Abstract

Driven by the inspirations and direction of its political leaders throughout the past five centuries to generate wealth and live in peace, Malta safeguarded its security by being neutral in potentially emerging wars and also looked for protection from its close allied nations. It is within this scenario that the concept of Neutrality was encrypted in the Constitution of Malta. This term paper aims to determine whether the Maltese Neutrality clause is still relevant today and establish the views of local experts in the field of Neutrality from a legal and political perspective. It further aims at recommending how the Neutrality clause can be amended to be more relevant in the current circumstances and in the foreseen future. Through an in-depth literature review and qualitative primary research data collection in the form of interviews with two prominent and experienced Politicians, a Legal Expert and a Maltese Historian, the term paper outcomes reveal that the term Neutrality as enacted in the Constitution of Malta is still relevant and should not be revoked. Yet, the research concludes that the legal context of the clause has never been tested thoroughly and the term "superpowers" is considered as obsolete due. It is therefore recommended that politicians, legal experts, historians and the general public in Malta start the process of re-visiting the key terms used to interpret the word "superpowers". Moreover, the Article 1 (3), should be rephrased and amended to reflect the current scenario as Malta is part of the EU where information and communication technology is a dominant factor and where military powers, warfare and nations' geographical boundaries have changed significantly. Finally, Members of Parliament should explore the possibility of binding the same Parliament to review the Constitution every two decades to reflect the international and local scenarios of the time.