Omar Bennett
Malta's constitution was adopted as a legal order on 21 September 1964, and is the self-declared supreme law of the land. The country became independent from Britain and joined the Commonwealth in 1964, and was declared a republic on 13 December 1974. The constitution has been amended twenty-four times, most recently in 2020.
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What You'll Learn
- The current Constitution of Malta was adopted on 21 September 1964
- The 1964 Constitution has been amended 24 times, most recently in 2020
- The 1964 Constitution is a post-colonial constitution, with the Queen of the UK as Head of State
- The Constitution was drafted by Maltese Attorney General and constitutional law expert J. J. Cremona
- The Constitution is the supreme law of the land, and any law or action in violation of it is void
The current Constitution of Malta was adopted on 21 September 1964
Malta's current constitution, the Constitution of Malta, was adopted on 21 September 1964. It is a written constitution that was developed through constitutional history and is partly modelled on the Italian Constitution. The 1964 Constitution, also known as the Independence Constitution, established Malta as a liberal parliamentary democracy within the Commonwealth.
The 1964 Constitution replaced the 1961 Constitution, which was very similar to the intermediate genre of constitutions from 1921-1947, when Malta had self-government. The Independence Constitution is made up of certain principles that arose for the first time in previous constitutions, and it can be said that it has evolved from the constitution that preceded it. However, it is important to note that changes have taken place in this process of evolution.
The 1964 Constitution was drafted by Attorney General and constitutional law expert J. J. Cremona, making Malta the only Commonwealth country whose independence constitution was drafted by a local jurist. Under this constitution, Queen Elizabeth II was sovereign of Malta, and a Governor-General exercised executive authority on her behalf. The actual direction and control of the government and the nation's affairs were in the hands of the cabinet under the leadership of a Maltese Prime Minister, who is the leader of the party that wins a majority of parliamentary seats in a general election for the unicameral House of Representatives.
The Constitution of Malta is the self-declared supreme law of the land, and any law or action in violation of it is null and void. It has been amended twenty-four times, most recently in 2020, with amendments typically requiring the support of at least two-thirds of all members of Parliament who are eligible to vote.
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The 1964 Constitution has been amended 24 times, most recently in 2020
Malta's current Constitution, which was adopted as a legal order on 21 September 1964, has been amended 24 times, most recently in 2020. This constitution is the self-declared supreme law of the land, and any law or action that violates it is deemed null and void.
The 1964 Constitution, also known as the Independence Constitution, established Malta as a liberal parliamentary democracy within the Commonwealth. It replaced the 1961 Constitution, which was very similar to the intermediate genre of constitutions in place from 1921 to 1947, when Malta had self-government. The 1964 Constitution was drafted by the then Attorney General and constitutional law expert J. J. Cremona, making Malta the only Commonwealth country whose independence constitution was drafted by a local jurist.
Under the 1964 Constitution, Queen Elizabeth II was sovereign of Malta, and a Governor-General exercised executive authority on her behalf. Meanwhile, the actual direction and control of the government and the nation's affairs were in the hands of the cabinet, led by a Maltese Prime Minister. On 13 December 1974, under the Labour government of Dom Mintoff, the constitution was revised, and Malta became a republic within the Commonwealth, with executive authority vested in a Maltese President appointed by Parliament.
The 2020 amendment to the 1964 Constitution stipulated that the Chief Justice shall be appointed by a resolution of Parliament, with at least two-thirds of the votes of all eligible members. This amendment marked the first time that the legislature appointed a member of the Judiciary.
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The 1964 Constitution is a post-colonial constitution, with the Queen of the UK as Head of State
Malta's 1964 Constitution is a post-colonial constitution that was adopted as a legal order on 21 September 1964. It is the self-declared supreme law of the land, with any law or action in violation of it deemed null and void. The 1964 Constitution established Malta as a liberal parliamentary democracy within the Commonwealth, with Queen Elizabeth II as the sovereign of Malta and a Governor-General exercising executive authority on her behalf. This marked a significant shift in Malta's constitutional history, as it gained its own constitution, evolving from previous constitutions that fell under three main categories: those dominated by the British, intermediate genres with self-government, and the 1961 Constitution, which was similar to the 1964 Constitution with added sovereignty.
The 1964 Constitution of Malta, drafted by Attorney General and constitutional law expert J.J. Cremona, made Malta the only Commonwealth country whose independence constitution was crafted by a local jurist. This constitution affirmed the nation's commitment to democracy, with the direction and control of the government and the nation's affairs entrusted to the cabinet under the leadership of a Maltese Prime Minister. The Prime Minister is selected based on the party that wins a majority of parliamentary seats in a general election for the unicameral House of Representatives.
As the head of state of Malta under the 1964 Constitution, Queen Elizabeth II was also the queen of the United Kingdom and the other Commonwealth realms. She was represented in Malta by a governor-general, who exercised most of the powers of the monarch and served at the monarch's pleasure. This governor-general was appointed without the involvement of the British government, marking a step towards independence. The 1964 Constitution also outlined the importance of respecting human rights and adhering to international law, reflecting Malta's evolving status in the global community.
The 1964 Constitution has undergone amendments, including the significant change on 13 December 1974, when Malta became a republic within the Commonwealth. This amendment abolished the monarchy, replacing the positions of monarch and governor-general with the President of Malta, who is indirectly elected by Parliament. The President of Malta serves a five-year term and is responsible for the executive authority in the country. These amendments over time reflect the dynamic nature of constitutional evolution, adapting to the changing needs and aspirations of the Maltese people.
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The Constitution was drafted by Maltese Attorney General and constitutional law expert J. J. Cremona
Malta has a written constitution, which was adopted as a legal order on 21 September 1964. The country gained independence from Britain and joined the Commonwealth in the same year. The Constitution of Malta, also known as the Independence Constitution, was drafted by Maltese Attorney General and constitutional law expert J. J. Cremona. This makes Malta the only Commonwealth country whose independence constitution was drafted by a local jurist.
The Constitution of Malta is the self-declared supreme law of the land. This means that any law or action in violation of the Constitution is null and void. It has been amended twenty-four times, most recently in 2020. The 2020 amendment stated that the Chief Justice shall be appointed by a resolution of Parliament, with at least two-thirds of votes from all members who are eligible to vote.
The Constitution of Malta is partly modelled on the Italian Constitution. It is also influenced by Malta's constitutional history, which can be divided into three main categories. The first category is the period when the British had total power. The second category is the intermediate genre of constitutions (1921-1947), where Malta had self-government. The 1961 Constitution was very similar to these constitutions. The third category is the period after Malta gained independence and became a republic within the Commonwealth.
The Independence Constitution of 1964 established Malta as a liberal parliamentary democracy within the Commonwealth. Queen Elizabeth II was the sovereign of Malta, and a Governor-General exercised executive authority on her behalf. On 13 December 1974, the constitution was revised, and Malta became a republic within the Commonwealth, with executive authority vested in a Maltese President appointed by Parliament.
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The Constitution is the supreme law of the land, and any law or action in violation of it is void
Malta's Constitution, established in 1964, is the supreme law of the land. The nation's constitutional history has been influenced by its relationship with Britain and the Commonwealth, with Malta gaining independence from Britain and joining the Commonwealth in the same year that its constitution was established.
The 1964 Constitution, also known as the Independence Constitution, marked Malta's transition to a parliamentary democracy within the Commonwealth. It established Queen Elizabeth II as the sovereign of Malta, with a Governor-General exercising executive authority on her behalf. The actual direction and control of the government and the nation's affairs were led by a Maltese Prime Minister, who is the leader of the party that wins a majority of parliamentary seats in a general election for the unicameral House of Representatives.
In 1974, the constitution was revised, and Malta became a republic within the Commonwealth, with executive authority vested in a Maltese President appointed by Parliament. This shift towards republicanism was reflected in the removal of references to the Queen of the United Kingdom as the Head of State, aligning with Malta's new status as an independent state.
The Constitution of Malta has been amended multiple times since its inception, with the most recent amendment occurring in 2020. These amendments reflect the evolving nature of the constitution, adapting to the changing needs and circumstances of the nation. The 2020 amendment, for example, introduced a new mechanism for appointing the Chief Justice, highlighting the dynamic nature of the country's foundational document.
As the supreme law of the land, any law or action that contravenes the Constitution is deemed null and void. This principle underscores the primacy of the Constitution in Malta's legal framework, ensuring that all legislation and actions are aligned with the values and principles enshrined in this foundational document.
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Frequently asked questions
Yes, Malta has a written constitution.
The Constitution of Malta was written in 1964, with amendments through 2016.
The Constitution of Malta established Malta as a liberal parliamentary democracy within the Commonwealth.
The Constitution of Malta was drafted by Attorney General and constitutional law expert J. J. Cremona, making Malta the only Commonwealth country whose independence constitution was drafted by a local jurist.
The Constitution of Malta protects various rights, including the right to freedom from arbitrary arrest or detention. It also includes a bill of rights inspired by the European Convention on Human Rights of 1950.
