Representation in parliament and governmental stability

Abstract

This thesis is committed to the analysis of representation as a democratic method of governing and its effects on the stability of government. Such feat was performed and presented in a simple manner, as far as possible, so that the fresh reader of Constitutional Law would not fret at the challenge such analysis poses. For clarity's sake, this thesis is divided into two parts. Part One, that is, Chapters One, Two, and Three present the reader with a study of the theory behind the analysis which includes a thorough comparative study of the legal elements involved in representation and stability. In Part Two, which comprises Chapters Four and Five, the knowledge accumulated in the previous Chapters is relied on and full attention is turned onto the Maltese experience regarding representation and stability. Chapter One sifts the concepts of representation and stability. This Chapter determines, through an in-depth definition, the parameters within which the two concepts lie. It becomes evident that representation is the solution to the performance of the democratic method, while stability is a practical requirement that governments should possess and which, however, is not always in line with the true democratic method thus possibly conflicting with democratic representation. Most importantly, Chapter Two reveals that matters related to the possible tension between representation and stability are relegated to a particular system of government, while other systems seem to avoid such discord at an expense. The last part of this Chapter is dedicated to the French experience in systems of government. Chapter Three deals with the core of representation and stability: the electoral process. This Chapter gazes at the most important elements of the electoral process which are at the heart of representation theory. It contemplates the different methods of elections adopted by various countries and how these shape representation thus possibly affecting governmental stability. Chapter Four turns the attention to the Maltese constitutional experience regarding representation and stability. It presents a full scrutiny of the development of representation in the Maltese Constitutional order from a three-fold point of view. The reader will better understand the growth of representation theory in the Maltese Constitution through the various electoral processes adopted and the system of government that developed. Chapter Five is divided into three parts. The first part considers a study on the current Maltese electoral process that is presented in an analytical basis mirroring that of Chapter Three. The second part exploits particularly anomalous electoral results as a case study and the final part of Chapter Five examines a recent report on the Maltese electoral system and certain amendments that followed.