Inherent deficiencies in the constitutional reforms (justice sector) Act, 2016 : a case of no step forward, twenty steps backward?

Abstract

The Parliament of Malta has on 5 August 2016 enacted a law which amends the Constitution of Malta. It deals primarily with the addition of new provisions regulating judicial appointment, discipline and removal. This paper studies these novel articles of the organic law and concludes that the 2016 amendments are flawed for a plurality of reasons, the most important however being that they breach human rights law, in particular, Article 6 of the European Convention on Human Rights and Fundamental Freedoms. Moreover, the recent constitutional amendments also violate fundamental constitutional doctrines such as those of the rule of law, the separation of powers and the independence of the judiciary. In this respect, these changes are far from being modern, progressive or forward looking. On the contrary, they are a backward step, illiberal and inconsistent with a vibrant democratic society.