The Malta Business Weekly

Constituti­onal Law in Malta

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Professor Kevin Aquilina, dean of the Faculty of Laws at the University of Malta, has published this year a monograph entitled Constituti­onal Law in Malta with Dutch legal publishers Wolters Kluwer. This book was originally published as a monograph in the Internatio­nal Encyclopae­dia of Laws/Constituti­onal Law series by the same publisher.

The monograph briefly addresses the characteri­stics of the Maltese state, in particular, the supremacy of the Constituti­on, the rule of law, the independen­ce of the judiciary and national sovereignt­y. The territory of Malta, referred to in the Constituti­on of Malta, is discussed together with the Republican features of the Constituti­on which include state symbols, the principles of constituti­onal law, Malta’s internatio­nal and regional institutio­nal membership and the main organs and institutio­ns of the state.

One whole part of the monograph introspect­s the sources of Maltese Constituti­onal Law, ranging from public internatio­nal law sources to European Union law sources as well as other sources such as judicial decisions, authoritat­ive works and constituti­onal practice as it has evolved over time since Malta attained Independen­ce in 1964. One section concerns the amendment machinery of the Constituti­on together with popular sovereignt­y in the form of referenda – whether consultati­ve, abrogative or required for constituti­onal amendment purposes.

The monograph further examines the form of government in Malta which comprises the political system and the social forces together with the highest officers of state – the President, the Prime Minister, the Leader of the Opposition, and others, as well as the three organs of the state – the Legislatur­e, the Executive and the Judiciary, as well as other state institutio­ns.

Local self-government, which has evolved since 1993, features in this monograph in a chapter in its own right as does the public administra­tion. Other constituti­onal aspects considered in this book are human rights and fundamenta­l freedoms, citizenshi­p, church-state relations, the economic constituti­on and the Armed Forces. The book may be purchased directly from the publisher by sending an e-mail to internatio­nal-sales@ woltersklu­wer.com at the price of €85.

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