The Maltese electoral law and the two-party system

Abstract

This research is a politico-legal analysis of how the electoral regime developed in parallel with the Maltese party system. The electoral regime is a comprehensive body of laws that constitutes the rules and procedures that regulate the electoral process for all types of elections held locally. Its fundamentals date back to the British rule when the elective principle was introduced for the first time in 1849. The present electoral system that of PRSTV, was introduced in 1921 with the scope to of creating a multi-party system. Political parties had been around since the 1880’s but for Britain it was imperative that Malta adopted a stable but weak political system. It was important for them to reign on the country’s administration. Malta’s Constitutions and its electoral regime reflected this position very well. Since Independence, successive Governments have sought to update and change these colonial rules to reflect today’s reality. These changes aim to ensure that any misgivings that have erupted over the years such as the Constitutional crisis of 1981 will not happen again so the will of the majority prevails. While PRSTV was kept, the corrective mechanism was introduced to guarantee legitimate and stable governments as well as proportionality between votes and seats. The two main parties have also come a long way. From not being recognized by the electoral system to being acknowledged by the Constitution as well as to being given a considerable amount of rights. They have adapted to changes that political circumstances brought about. They are often dubbed as having hijacked the electoral process to keep other possible contenders at bay. Surely, the system has been changed from a candidate-centred to a party-centred system. Strict proportionality can never be attained as the current electoral system revolves around the two main parties. Unless the current system is replaced, amendments need to be implemented to uphold a balance between the interests of political parties and that of the electorate thus, achieving true proportionality.