Introduction
Law is a system of rules that members of a country are expected to abide by, to ensure conformity in behaviour and conduct.
“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. (Attard, 2012)”
The Maltese legal system is a mixed one that originates from various other legal systems. Since Malta has rich history and was colonised by different countries, this has left its influence on the composition of the Maltese legal system.
The Maltese legal system is a mixture of: Civil Law and Common Law. The Civil is mainly used in the Maltese Private Law was originates from Roman influence. The influence of Common law on the Maltese legal system is a result of the fact that Malta was a British colony from 1800-1964. The difference between civil and common law is that the earlier gives predominance to codified statutes whilst the latter is based on judicial opinions.
The general legal system is divided into main sections, Public and Private Law.
Public law deals with issues regarding the welfare of the general public. Private law deals with private matters and disputes concerning a private individual or individuals. Public law is both binding and imperative whilst private law serves as a guideline as the interpretation of the concerned private individual’s issues.
The Constitution
The current Maltese Constitution was adopted in 1964 and saw no less than 12 different constitutions since 1813. In 1964 Malta became a parliamentary democracy within the commonwealth. The constitution is the highest law. It sets out basic laws which govern several aspects, from the principles of the Republic and fundamental human rights.
The Constitution of Malta consists of principles for preserving the essential human rights and a separation of the executive, judicial and legislative powers.
The Constitution of Malta is deliberated as the Superlative Law of the island. The sovereignty of the Constitution indicates that no law can be inconsistent with the Constitution.
“In Malta, the Constitution is the supreme law of the land and so supercedes any Maltese law which is in conflict with it. It provides the basic source of national law and stipulates that laws are passed by Parliament in the form of Acts of Parliament. Parliament may then delegate legislative powers to other bodies, such as ministers, authorities and public bodies. (The Judiciary in Malta, 2022)”
What is Legislation?
Legislation is also known as acts of Parliament are law or set of laws that is suggested by the government and then it is made official and passed by parliament.
“The main limitation to this power is that any law must not violate the provisions of the Constitution and some other specific laws. (Attard, 2012)”
Why do we need to legislate? Legislation is a very important instrument of a government in a democratic society, it protects citizens and determines the rights, responsibilities of individuals also to the authorities to whom it applies amongst others. It regulates in which society behaves.
The law needs to be enforced or it will have little or no value.
There is a Primary and secondary legislation, the primary being acts which regulate a specific area and are promulgated by Parliament, they are published before becoming effective. Second legislation it refers to rules, regulations and are taken by Ministers and local authorities. Legislations are written in English and Maltese but since the Primary language is Maltese, Maltese language shall overcome unless state otherwise in the act.
Who is empowered to legislate?
It is the State through its legislative organs that has the power to legislate and it comes from the Constitution and the power which the people give to legislators.
The legislative makes the laws then there is the executive that will implement them, and the judiciary will oversee the laws implemented by the executive.
The legislative supremacy of Parliament also allows it to permit to some other person or body the authority to make subsidiary legislation, such regulations or orders having the force of law
The legislate process
Parliament is the legislative part of the government. Every law that gets enacted by Parliament obtains legitimate power then once it will be approved and signed it will come into force by the President of Malta. As today, this approval has been considered a formality procedure.
Before its publication and coming into force, legislative act must go through several procedures from parliament.
It will be presented to the cabinet for approval and then the bill will be presented to parliament after this the parliamentary process to legislate is initiated by the presentation of a motion.
First Reading
The first reading consists of the title of the bill at the Office to the House of parliament. It will take three days and after the bill is put on the parliamentary agenda for its First Reading. It will be put to the vote and at this stage there will be no debate.
Second Reading
When the bill is published, the bill is then again included in the agenda for its Second Reading. Generally, it will commence on a date that will be agreed upon in the House Business Committee. The second reading stage will start by the Minister who will inform the speaker that he/she have a message from the President of Malta and thus recommending it to the parliament for consideration. This will be passed to the speaker and shall read it to invite the Minister for the introduction of the bill to parliament, the opposition will speak first in reply to the motion and each, both Minister and the opposition member have one hour and a half to speak on such motion. At the end of the discussion if no other members request to speak the Minister is allowed and additional half an hour for the closure. After the closure by the Minister the bill is then put to the vote by the Speaker.
Committee Stage
After the second reading the committee stage begins as the next legislative process. At this stage the Speaker leaves the Chair, and the Parliament/House will undertake itself to a committee and it will be chaired by a chairperson. At this Committee each of the clause of the bill will be examined separately and in more detail, the Government with the Opposition may be able to propose amendments during discussions which there are no limits to amendments, at the end a vote is taken on all amendments, the Chairperson will then need to inform Parliament about the progress the Committee has made and if the bill presented had been pass having amendments or without amendments.
Third Reading
Having passed the Committee Stage, the bill may now be put on the Parliamentary agenda this will be led by the Minister who has proposed the bill. After the Minister proposal of the bill the Speaker announce the bill approved or carried. If there is a disagreement the House will suspend for twenty minutes after the Clerk will call out all the Members’ and record the number of doses in favour and dose not in favour, after this the Speaker will be able to declare if the bill has been passed through its Third Reading stage by most of the Members, otherwise provided in the Constitution.
President Assent and Publication
Having passed the Third Reading stage, the bill will be then presented to the President of Malta for his approval and the bill will be published in the Government Gazette, and therefore to this effect will become a Parliamentary Act.
How does the Constitution provide to ensure that laws are in line with the Constitution?
As Malta is a Republic and it embraces the foundations of democracy with separation of powers, this ensures that laws are in line with the Constitution. There are three branches to this effect, the legislative, that is represented by the Parliament and are the ones to make the law, the executive, this involves the cabinet of Ministers and are the ones to implement them and the Courts which is the Judicial branch to oversee them. These three arms are interdependent but work separately from each other. These systems are in place to create checks and balances between these three pillars. This separation of powers is important so that no part of government becomes totalitarian as if checks and balances were not in place this could harm democracy. The separation of powers we have in place with a system of checks and balances and the rule of law, will ensure that society is treated equally. It will also ensure that everyone is given the protection intended by law.
Conclusion
No State, institution, or association can survive without a proper constitution. Just imagine we live in a world without principles, no protective guidelines, without laws and freedom of speech for the people. We cannot overlook the importance of the constitution. Constitution plays a vital role in enhancing and ensuring a better State. A constitution is necessary, and the people should strive to maintain.
Maltese Law has managed, during these periods, to adapt itself to the legal systems of various colonizers such as the Romans, the Order of St. John, the French, and the English and, more recently, that of the European Union and Public International Law. Foreign law was healthily imbedded onto Maltese Law in a harmonious way to such extent that Maltese Law ended up being a combination of diverse sources of law.
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.
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