Constitution of Malta
Malta is a democraticDemocracy It is commonly understood as being a political system of majority rule. The evolution of democratic tradition can be traced back to the Magna Carta (1215) and through the long struggle for Parliamentary supremacy which culminated in the English Bill of Rights of 1689, the emergence of representative political institutions in the colonial era, the development of responsible government in the 19th century. In institutional terms, democracy means that each of the provincial legislatures and the federal Parliament is elected by popular vote. These legislatures, are "at the core of the system of representative government". It is a 'power' word. Power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. republicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. founded on work and on respect for the fundamental rights and freedoms of the individual. The religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. of Malta is the Roman Catholic ApostolicApostles Ἀποστόλων- Messenger. 12 male leaders appointed by Jesus in NT. The sin of Peter is not lesser than Judas. In the scheme of Jesus, Judas was doing exactly the desire of Jesus. Peter on the contrary denied Jesus`s identity! Apostles, were not Prophets, they were simply village idiots of Juda and Summaria, without the capacity of reading or writing. The capacity given directly by Jesus in the gospel to them can be compared with the capacity given to them in 'Acts' were quite different. Idiots suddenly become Pandits. Most of the Indian Bishops do not know how to read the Bible. NT teachers in Indian Seminaris read only one or two passages from Greek! Holy Spirit is palpably missing from their life. Religion. Religious teaching of the Roman Catholic Apostolic FaithFaith πίστει. shall be provided in all State schools as part of compulsory education. Parliament of Malta which consists of the President and a House of Representatives.
Adopted on -21st September, 1964
Chapter-11
Article- 124
schedule-4
CHAPTER I-The Republic of Malta
1. The Republic and its Territories.
2. Religion.
3. National Flag.
4. National Anthem.
5. Language.
6. ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more to be supreme law.
CHAPTER II -Declaration of Principles
7. Right to work.
8. Promotion of culture, etc.
9. Safeguarding of landscape and historical and artistic patrimony.
10. Compulsory and free primary education.
11. Educational interest.
12. Protection of work.
13. Hours of work.
14. Rights of women workers.
15. Minimum age for paid labour.
16. Safeguarding labour of minors.
17. Social assistance and insurance.
18. Encouragement of private economic enterprise.
19. Protection of artisan trades.
20. Encouragement of co-operatives.
20A. Participation of Maltese citizens living abroad.
21. Application of the principles contained in this Chapter.
CHAPTER III -Citizenship
22. Persons who become citizens on appointed day.
23. Persons entitled to b e registered as citizens.
24. Persons naturalized or registered as resident before appointed day.
25. Acquisition of citizenship by birth or descent by persons born on or after appointed day.
26. Marriage to citizen of Malta.
27. Dual citizenship.
28. Commonwealth citizens.
29. Criminal liability of Commonwealth citizens.
30. Powers of Parliament.
31. Interpretation.
CHAPTER IV-Fundamental Rights and Freedoms of the Individual
32. Fundamental rights and freedoms of the individual.
33. Protection of right to life.
34. Protection from arbitr
ary arrest or detention.
35. Protection from forced labour.
36. Protection from inhuman treatment.
37. Protection from deprivation
of property without compensation.
38. Protection for privacy of home or other property.
39. Provisions to secure protection of law.
40. Protection of freedom of conscience and worship.
41. Protection of freedom of expression.
42. Protection of freedom of assembly and association.
43. Prohibition of deportation.
44. Protection of freedom of movement.
45. Protection from discrimination on the grounds of race, etc.
46. Enforcement of protective provisions.
47. Interpretation of Chapter IV.
CHAPTER V-The President
48. Establishment of the office of President.
49. Discharge of President’s functions during vacancy, etc.
50. Oath to be taken by the President.
CHAPTER VI-Parliament
PART 1
Composition of Parliament
51. Establishment of Parliament.
52. Composition of the House of Representatives.
53. Qualifications for membershi p of House of Representatives.
54. Disqualifications for members hip of House of Representatives.
55. Tenure of office of members.
56. Voting at Elections.
57. Qualification of voters.
58. Disqualification of voters.
59. Speaker and Deputy Speaker.
60. Establishment of Electoral Commission.
61. Electoral divisions.
62. Filling of vacancies.
63. Determination of questions as to membership.
64. Clerk to House of Representatives and his staff.
PART 2
Powers and Procedure of Parliament
65. Power to make laws.
66. Alteration of this Constitution.
67. Regulation of procedure inHouse of Representatives.
68. Oath to be taken by members of House of Representatives.
69. Presiding in House of Representatives.
70. Quorum in House of Representatives.
71. Voting.
72. Mode of exercising legislative powers.
73. Restriction with regard tocertain financial measures.
74. Language of Laws.
PART 3
Summoning, Prorogation and Dissolution
75. Sessions of Parliament.
76. Prorogation and dissolution of Parliament.
77. General elections.
CHAPTER VII
The Executive
78. Executive authority of Malta.
79. The Cabinet.
80. Appointment of Ministers.
81. Tenure of office of Ministers.
82. Allocation of portf olios to Ministers.
83. Acting Prime Minister.
84. Temporary Ministers.
85. Exercise of functions of President.
86. Exercise of Prime Minister’s functions.
87. President to be informed concerning matters of government.
88. Parliamentary Secretaries.
89. Oath to be taken by Ministers.
90. Leader of the Opposition.
91. Attorney General.
92. Permanent Secretaries and heads of government departments.
93. Prerogative of mercy.
94. Secretary to the Cabinet.
CHAPTER VIII- The JudiciaryJudiciary The modern justice system has its roots in Henry II's reign, where the assize system and common law were established. Professional judges and magistrates started to emerge in the 13th century, gradually increasing their independence. However, they faced challenges, including political involvement and potential influence by the sovereign. Changes to the judiciary system, such as the establishment of the Court of Chancery in 1830 and the Judicature Act in 1873, merged common law and equity, leading to the creation of the High Court, Court of Appeal, and Crown Court. Despite this evolution, the judiciary's full independence was not officially recognized until the Constitutional Reform Act in 2005.
95. Superior Courts.
96. Appointment of judges.
97. Tenure of office of judges.
98. Acting Chief Justice and acting judges.
99. Inferior Courts.
100. Magistrates.
101. Oaths to be taken by judges and magistrates.
101A. Commission for the Administration of Justice.
CHAPTER IX
Finance
102. Consolidated Fund.
103. Authorisation of expendi
ture from Consolidated Fund.
104. Authorisation of expendi
ture before appropriation.
105. Contingencies Fund.
106. Public debt.
107. Remuneration in respect of certain offices.
108. Auditor General.
CHAPTER X
The Public Service
109. Public Service Commission.
110. Appointment, etc. of public officers.
111. Principal representatives of Malta abroad.
112. Appointment on transfer in respect of certain offices.
113. Protection of pension rights.
114. Grant and withholding of pensions, etc.
115. Protection of Public Service Commission from legal proceedings.
CHAPTER XI
Miscellaneous
116. Actions on validity of laws.
117. Prohibition of certain associations.
118. Broadcasting Authority.
119. Function of the Broadcasting Authority.
120. Employment Commission.
121. Powers and procedure of Commissions.
122. Resignations.
123. Reappointments, etc.
124. Interpretation.
SCHEDULES TO THE CONSTITUTION
FIRST SCHEDULE
SECOND SCHEDULE:
Oaths Of Office
THIRD SCHEDULE:
Oath of Allegiance
FOURTH SCHEDULE:
List of Commonwealth Countries other than Malta