The rule of law and the separation of powers in the Maltese legal system : an analytical and comparative review in light of the Venice Commission opinion no. 940/2018

Abstract

The Venice Commission Opinion 940/2018, adopted on 17th December 2018 set out the shortcomings of the Maltese Constitution with special reference to the rule of law and separation of powers. This paper analyses the findings of this report while making reference to the relevant laws in the Maltese legal system. The three branches of the Government are analysed individually, and later holistically. A comparison is then drawn to the constitutional systems of three other Commonwealth jurisdictions. The jurisdictions of Cyprus and New Zealand were chosen due to the fact that they were also under British rule, while the United Kingdom was chosen because it has heavily influenced the Maltese legal system. The analysis will pertain to the ways in which these states deal with the particular shortcomings reported by the Venice Commission. The paper then critically analyses the recommendations of the Venice Commission by making reference to past attempts at constitutional reform in that regard. In the concluding remarks, the paper proposes ways in which the report of the Venice Commission could be adapted to local law in such a way that the rule of law and the separation of powers would be strengthened in Malta.