The development of the law on referenda in Malta

Abstract

Malta's law on referenda can be traced back to 1870, when a specific law was promulgated to deal with the first referendum that was held. However, until 1973 an ad hoe approach was taken and a specific law had to be enacted whenever the need to hold a referendum arose. This situation was rectified by the Referenda Act, 1973 which provided a permanent structure regulating the holding of referenda. It was amended in 1996 and 2002. The thesis aims at presenting a detailed historico-legal narrative on the development of Maltese law regulating referenda from 1870 to date. Since many of the laws dealing with referenda were ad hoe enactments, it was necessary to deal with the events and historical background surrounding each referendum, since the promulgation of these laws depended on each referendum held for its existence. The first chapter mentions the aims of the thesis, the methodology adopted and the sources referred to. The second chapter deals with the first developments of the Maltese law on referenda and the first referendum which took place in 1870. The Integration Referendum and the law promulgated to regulate it are explored in Chapter 3. Chapter 4 takes the same approach to deal with the Independence Referendum and the ad hoe legislation enacted for the purpose. Chapter 5 is the turning point of the thesis and reflects the change in Maltese Law on referenda from the provision of ad hoe enactments to a permanent law on referenda. The promulgation of the Referenda Act, 1973 is explored together with the Gozo Civic Council Referendum, which was the first referendum where it was put into practice. Amendments to this Act are dealt with in Chapter 6, where the focus is on the introduction of the abrogative referendum in 1996 and on the modernizing amendments of 2002. The last chapter then explores the most recent application of these laws in the E.U. Referendum in 2003. The conclusion then gives a final evaluation of the law regulating referenda in Malta and analyses the extent to which referenda have contributed to Malta's democratic development.