The Maltese Legal System: A Comprehensive Overview
Introduction
Law is a system of rules that members of a country are expected to abide by to ensure conformity in behavior and conduct. As Attard (2012) aptly stated, “The Law is to be found everywhere. We are governed by rules which dictate what we must do, what we must not do, and what others must do and not do to us.”
The Maltese legal system is unique, stemming from the country’s rich history of colonization by various powers. This blend of influences has resulted in a mixed legal system incorporating elements from both Civil Law and Common Law traditions.
Origins of the Maltese Legal System
The Maltese legal system’s foundations are rooted in:
- Civil Law: Predominantly influencing Maltese Private Law, this aspect originates from Roman law.
- Common Law: A significant influence due to Malta’s period as a British colony from 1800 to 1964. The primary distinction between Civil and Common Law is that Civil Law emphasizes codified statutes, while Common Law relies on judicial opinions.
Structure of the Legal System
Malta’s legal system is divided into two main sections:
- Public Law: Deals with issues affecting the welfare of the general public and is binding and imperative.
- Private Law: Concerns private matters and disputes between individuals, serving as a guideline for the interpretation of these issues.
The Constitution
The current Maltese Constitution, adopted in 1964, established Malta as a parliamentary democracy within the Commonwealth. It is the supreme law of the land, ensuring no other law can conflict with it. The Constitution outlines the fundamental human rights and the separation of executive, judicial, and legislative powers.
Legislation
Legislation, or acts of Parliament, are laws proposed by the government and passed by Parliament. The primary legislation consists of acts that regulate specific areas and are promulgated by Parliament, while secondary legislation includes rules and regulations enacted by ministers and local authorities.
Importance of Legislation
Legislation is crucial in a democratic society as it protects citizens and defines the rights and responsibilities of individuals and authorities. Effective enforcement is essential for the law to maintain its value and impact.
The Legislative Process
- Proposal: The legislative process begins with the proposal of a bill, which must be approved by the Cabinet and then presented to Parliament.
- First Reading: The bill’s title is read in the House of Parliament without debate, followed by a vote.
- Second Reading: The bill is published and debated in detail. The Minister introduces the bill, and the opposition responds. After discussions, the bill is put to a vote.
- Committee Stage: Each clause of the bill is examined, and amendments can be proposed and voted on.
- Third Reading: The final version of the bill is presented for approval. If there is disagreement, a vote is taken.
- President’s Assent and Publication: Once passed, the bill is presented to the President for approval and then published in the Government Gazette, becoming a Parliamentary Act.
Ensuring Constitutional Compliance
The separation of powers within Malta’s democratic system ensures that laws are in line with the Constitution. The legislative branch (Parliament) makes the laws, the executive branch (Cabinet of Ministers) implements them, and the judiciary (Courts) oversees their application. This system of checks and balances prevents any single branch from becoming totalitarian and ensures the rule of law and equal treatment under the law.
Conclusion
A well-structured constitution is essential for any state or institution, providing principles, protective guidelines, and the foundation for laws and freedoms. The Maltese legal system has evolved through various historical influences, blending foreign laws harmoniously into a unique legal framework. This adaptability and integration of diverse legal sources have strengthened the Maltese legal system, making it a robust and dynamic entity in the modern legal landscape.
Bibliography
Attard, D., 2012. The Maltese legal system ; vol. 1. La Vallette: Malta University Press, p.1.
Justice.gov.mt. 2022. The Judiciary in Malta. [online] Available at: <https://justice.gov.mt/en/justice/Pages/The-Judiciary-in-Malta.aspx>.
Attard, D., 2012. The Maltese legal system ; vol. 1. La Vallette: Malta University Press, p.49.
