Proposals for a constitutional reform agenda in Malta

Abstract

This thesis aims to highlight the urgent need to modernise our Constitution and adopt the contemporary values of transparency, efficiency and accountability. Chapter 1 highlights the rationale behind this work and the reasons why it is felt that the Maltese Constitution requires instant amendment. It also explains the reasoning to be adopted throughout this thesis, namely that of increasing the President's powers and, subsequently, decreasing the Prime Minister's powers in order to ascertain that at any given time no person holds an excessive amount of power. Chapter 2 briefly examines the evolution of the office of President. It also discusses the President's current discretionary powers and compares them to those of his foreign counterparts. Past recommendations intended to alter the President's method of appointment will be examined and further alternatives will be forwarded. Practical methods of increasing the President's powers will also be provided and ideas for the qualification and disqualification from office of the incumbent will be examined. Chapter 3 puts forward ideas on how to reduce any political influence in the appointments to the judicial class. Ideas will be proposed to make the judiciary more accountable in their workings, while an examination of judicial independence will be undertaken. Analysis willalso be made into the recent events surrounding judiciary members. This Chapter will also take a detailed look at the Commission for the Administration of Justice and propose finetuning and strengthening its structures in order to assume a greater role. Chapter 4 analyses the 1995 Galdes Report. Whilst proposing to retain most of its recommendations, some alterations and alternative ideas are also put forward. If the State were to provide funding to political parties, these would be expected to be more transparent in their financial dealings. The conclusion aims to provide the impetus for a sincere and intelligent discussion on constitutional reform to commence. It is also hoped that such an important constitutional document is given more importance within our educational system.