Maltese Legal System Flashcards
Understanding of the subject
How many chapters is there in the Maltese Constitution?
There are 11 Chapters in the Constitution of Malta;
- The Republic of Malta
- Decleration of Principles
- Citizenship
- Fundamental rights and freedoms of the individual
- The President
- Parliament
- The Executive
- The Judiciary
- Finance
- The Public Service
- Miscellaneous
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8566&l=1
Which Chapter in the Constitution of Malta highlights the Fundamental Human Rights and Freedoms of the Individual?
The fourth Chapter of the Constitution of Malta highlights the Fundamental rights and freedoms of the individual.
- Fundamental rights and freedoms of the individual
- Protection of right to life
- Protection from arbitrary arrest or detention
- Protection from forced labout
- Protection from inhuman treatment
- Protection from deprivation of property without compensation
- Provision to secure protection of law
- protection of freedom of conscience and worship
- Protetcion of freedome of expression
- Protection of freedom of assembly and association
- Prohibition of Deportation
- Protection of freedom of movement
- Protection from discrimination on the grounds of race, etc
Which are the 3 Fundamental Branches in the Constitution of Malta?
- The Legislative - which enacts laws (Chapter 6)
- The Executive - which enforces Laws (Chapter 7)
- The Judiciary - which interprest Laws (Chapter 8)
Define the establishment of Parliament - Art 51. Constitution of Malta
There shall be a Parliament of Malta which shall consist of;
- The President
- a house of representatives
Only Parliament has the power to enact laws.
Define the Mode of Exercising Legislative Powers (Art. 72, Const of Malta)
(1) The power of Parliament to make laws shall be exercised by bills passed by the House of Representatives and assented to by the President.
(2) When a bill is presented to the President for assent, he shall without delay signify that he assents.
(3) A bill shall not become law unless it has been duly passed and assented to in accordance with this Constitution.
(4) When a law has been assented to by the President it shall without delay be published in the Gazette and shall not come in to operation until it has been so published, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect
What Language shall the Laws of Malta be enacted in? - Art 74. Const of Malta
Law shall be enacted in both the Maltese and English Languages and, if there is any conflict between the Maltese and the English texts of any law, the Maltese text shall prevail
Give an Overview of the Legislative Branch
- the members of a legislature are called legislators
- in a democracy, legislators are typically elected by the public
- has the authority to make / pass laws for Malta with the assent of the President
- laws enacted by the legislatures are known as Primary Legislations
What is the Judiciary?
- Interprets and applies the law
- Does not make or enforce statutory law
- May annul laws and rules of the state when incompatible with a higher norm such as primary legislation, constitution or international law
- May only be removed by 2/3 votes of the house of representatives
What is the Executive Branch?
- Executes and enforces the law. Organ of the state exercising authority in and holding responsibility for the governance of state
- Enforces law as written by the legislature and interpreted by the judiciary
- Can be the source of certain types of law, such as a decree or executive order.
- Executive bureaucracies are commonly the source of regulations - sometimes referred to as L.N. Legal Notice
- Members of the executive, called ministers are also members of the legislature and play an important part in both the writing and enforcing of law
There is a term when a constitution is written down in a single comprehensive document. What is this?
Codified Constitution
Briefly explain the Legislative Process from initiation to enactment
- First Reading - A bill is presented in Parliament
- Second Reading - The Bill is again included in the agenda of the House, this time for its Second Reading
- Third Reading - The 3rd Reading of the Bill is put on parliamentary agenda by the minister concerned
- Committee Stage - Speaker leaves the Chair and the House resolves itself into Committee which is now presided over by a Chairperson
- Bill is presented to the President of Malta for his/her assent - Bill is Published in the Government Gazette
- Bill becomes a Parliamentary Act
Explain into Detail what Happens at Committee Stage during a legislative process.
- Speaker leaves the Chair and the House resolves itself into Committee which is now presided over by a Chairperson
- At this stage there won’t be the full house of representatives but only a small group pertinent to the bill in question
- Each Clause (not article since not enacted yet) is examined one by one into detail. This stage is cumbersome and can take a lot of time prior agreement is in place.
- Both opposition and government may propose changes a particular clause.
- A vote is taken on each change proposed prior amendment.
- The Government who has the majority in parliament can technically move ahead with or without the approval of the opposition.
- Some articles require 2/3 of the house to be changes but only is particular circumstances (such as changes in the constitution of Malta).
- When the discussion ends the chairperson informs the house about the progress made and whether the bill was passed with or without amendments.
Explain into Detail What Happens during the First Reading of a legislative Process
- A bill is presented in Parliament
- The Parliamentary legislative process is initiated by the presentatio of a montion consisting of just the title of the bill at the office of the clerk to the House.
- After 3 days the bill is pit on the parliamentary agenda for its first reading. The motion is put to the vote without any debate.
Explain into Detail What Happens during the Second Reading of a legislative Process
- The Bill is again included in the agenda of the House, this time for its Second Reading
- Discussion generally commences on such date as agreed by the house business committee
- Minister moving the Second Reading of a bill Speaks first
- The Opposition Member speaking first in reply to motion.
- May both speak for one hour and a half
- All other members may speak once and for not more than 40 mins with a 30 min extension if the house agrees.
- At the end of the discussion when no more Members request the floor, the mover of the Bill is allowed an additional 30 mins for the winding up (conclusion)
- After the winding up, the motion is put to vote by Mr Speaker
Explain into Detail What Happens during the Third Reading of a legislative process
- The 3rd Reading of the Bill is put on parliamentary agenda by the minister concerned
- After putting the question Mr Speaker may either declare the bill unanimously approved or carried.
- If a division is requested, the House shall suspend its proceedings for 20 minutes.
- Upon resuming, the Chair shall order the chamber doors to be closed and requests the clerk to the house to call out all the members’ names and record the number of Ayes and Noes
- Whip typically contacts the members of house to be in parliament asap to take votes
- Mr Speaker will then be in a position to declare whether the bill has been carried through its Third Reading stage by a majority of members present and voting.
What is a Secondary Delegated Legislation?
- Secondary, Delegated., Subsidiary Legislation, Regulations, Legal Notices and Bye-Laws
- Not as complicated to enact. Generally signed by the delegated minister or authority in the field
- The S.L. is laid on the Table of House
- Any Parliamentary Member may within 28 days of it being tabled, file a motion in Parliament to have the SL annuled or amended.
- Within 60 days from motion, the house will vote accordingly on the said motion to amend or annul.
Can a Delegated legislation be deligated further?
No, Delegated powers cannot be delegated further (delegatus non potest delegare)
What is a White Paper
- A tool of participatory democracy which sets out the governments policy on a matter that is or will come before Parliament; not an unalterable policy commitment
- White Papers attempt to perform the dual role of presenting potential government policies while at the same time inviting opinions upon them
- Not an Obligatory or legal requirement for every bill
Chapter one of the Constitution defines the Republic of Malta, how?
- The Republic and its Territories
- Religion
- National Flag
- National Anthem
- Language
- Constitution to be supreme law
Chapter 2 of the Constitution Defines the Declaration of principles. How?
- Right to work,
- free primary education
- equality between men and women
Chapter 4 of the constitution defines the Fundamental rights and freedoms of the individual, how?
- Fundamental rights and freedoms of the individual
- Protection of right to life
- Protection from arbitrary arrest or detention
- Protection from forced labour
- Protection from inhuman treatment
- Protection from deprivation of property without compensation
- Provision to secure protection of law
- Protection of freedom of conscience and worship
- Protection of freedom of expression
- Protection of freedom of assembly and asspciation
- Prohibition of deportation
- Protection of freedom of movement
- Protection from discrimination on the grounds of race, ect.
Chapter 6 of the Constitution, defines the Parliament, how?
Part 1 - Composition of Parliament
Part 2 - Power and Procedure of Parliament
Part 3 - Summoning, Prorogation (delay) and Dissolution
