Article 411 except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinion without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference whether the. Constitution of the republic of malawi as amended up to. The republic of malta and its territories, declaration of principles, citizenship, fundamental rights and freedoms of the individual, parliament, the president, composition of parliament, powers and procedure of parliament, summoning, prorogation. The constitution of malta has a number of provisions which set out the fundamental rights of the individual. Constitution of malta 1 constitution of malta arrangement of articles chapter i the republic of malta. Malta s constitution is like a badlywritten essay that needed to be completely reworked, democratic party leader godfrey farrugia has said. During 2014, the maltese government adopted another three laws that directly improved the legal protection afforded to trans people, namely. Report published by the today public policy institute lead authors. A veritable compendium of laws, practices and judgements on maltese constitutional law, this is the first work of its kind, one which has already received acclaim. This is the first analysis of the constitution of malta, article by article. Free constitutional law books download ebooks online. Sovereign order of malta, constitutional charter and code. Order in council 1963 and by any further order in council. This constitution gave full legislative and executive powers to the government of malta subject to defence and external affairs being enjoyed by the.
Constitution of malta excerpts protection from discrimination on the grounds of race, etc. A commentary on the constitution of malta ghsl ghaqda. Maltas constitution of 1964 with amendments through 2014. Michael frendo and martin scicluna presented to the prime minister, september 2014 the today public policy institute is an autonomous, notforprofit, nongovernmental organisation. Council 1962 and by the malta constitution modification. The malta independence order, 1964, as amended by acts. The thinktank is most grateful to a number of experts in constitutional law or practice. Give the years when an election was held in malta under this constitution and the political party or parties that won each of these elections. Constitution of malta wikisource, the free online library. Constitution of malta chapter 9 of the laws of malta, the criminal code chapter 12 of the laws of malta, code of organisation and civil procedure chapter 530 of the laws of malta, the civil union act chapter 88 of the laws of malta, the land acquisition public purposes ordinance chapter 350 of the laws of malta, the broadcasting act.
Human rights concern the expression and treatment of other citizens, panning areas including religion, expression, and labour. The public service commission is an independent body established by the constitution of malta. The republic of malawi is a sovereign state with rights and obligations under the law of nations. Kite group a commentary on the constitution of malta. The report observes that the maltese constitution of 1964 has significantly been influenced by the british. A commentary on the constitution of malta malta online bookshop. Gender identity, gender expression and sex characteristics act. The malta constitution of 1849 101 and they now prayed that such legislative assembly, constituted upon the principles of the british constitution, would be granted to them. Constitution to be supreme law subject to the provisions of subarticles 7 and 9 of article 47 and of article 66 of this constitution, if any other law is inconsistent with this constitution, this. A commentary on the constitution of malta malta online. In 1887, for the first time in its history, malta acquired representative government through a council which was composed of a majority of maltese elected members. Pdf sovereign order of malta, constitutional charter and. Therefore, any law or action in violation of the constitution is null and void.
Constitution of malta arrangement of articles pdf 80p. Constitution of malta 1 constitution of malta arrangement of articles chapter i the republic of malta article 1. Addressing a press conference on monday, dr farrugia. Hereby adopt the following as the constitution of the republic of malawi. Both process and substance are critical for the success. Being a rigid constitution, it has a threetier entrenchment basis in order for any amendments to take place. As a consequence the birth of the republic of malta is viewed by many as a political manoeuvre by the prime minister at the time, dominic mintoff who did not subject the republican constitution to. This commentary is a study of the landmark judgments of the maltese constitutional court and an introduction to maltese constitutional law.
Chapter i2 of the constitution of malta is entitled the state. For the united nations, constitution making is a broad concept that covers the process of drafting and substance of a new constitution, or reforms of an existing constitution. However, its council of government was by nomination. Tonio borg is now available from the ghsl office or online. The constitution acts as an impartial determinant in civil matters, including. Maltas constitution is like a bad essay, says godfrey. The republic of malta and its territories, declaration of principles, citizenship, fundamental rights and freedoms of the individual, parliament, the president, composition of parliament, powers and procedure of parliament, summoning, prorogation and dissolution, the judiciary, finance and the. Malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of nonalignment and. Malta is a democratic republic whose human rights are constitutionally defined. There shall be a parliament of malta which shall consist of the president and a. The current constitution of malta was adopted as a legal order on 21 september 1964, and is. The same constitution safeguards the independence of the courts by stipulating that a. Constitution of malta arrangement of articles pdf 80p this guide explains the following topics.
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. By the 1880s conflicts between the elected members and the governor arose. The manner in which human rights and fundamental freedoms are exercised may be regulated by law whenever the constitution so provides or where this is necessary due to the particular nature of an individual right or freedom. The malta independence constitution of 1964 was closely based on the sir hilary blood ommissions recommendations for a constitution drawn up in. Church and state relations in the constitution of malta cejsh.
Maltas territories and state symbols, comprising the roman catholic. Xli of 1965, xxxvii of 1966, ix of 1967, xxvi of 1970, xlvii of 1972, lvii, lviii of. National flag and anthem c h a p t e r ii t h e c o n s t it u t io n a n d t h e l a w s 4. The constitution of the republic of the gambia a r r a n g e m e n t o f s e c t io n s section c h a p t e r i th e republ ic 1. It is presented as an analysis of the constitution of malta, article by article. Stat ta malta was formed on 21 september 1964 as an independent constitutional monarchy, with elizabeth ii as queen of malta and head of state. An individual who feels hisher rights have been infringed or threatened may seek recourse in the courts. Following the passage of the malta independence act 1964 by the british parliament and the approval of a new maltese constitution by 54. Constitution making processes are a central aspect of democratic transitions, peacebuilding and statebuilding. Under the 1964 constitution amended in 1974 and 1987 malta is a democratic republic with a unicameral house of representatives of at least 65 members. Being a rigid constitution, it has a threetier entrenchment basis in. Maltas constitution of 1964 with amendments through 2016. Malta s neutrality was introduced, defined and enshrined in the constitution in 1974, with amendment in 1987, in art.
This new portal of the hemispheric network contains a virtual library that offers uptodate legal information related to mutual assistance and extradition in the 34 active member states of the oas. Provisions found in the constitution and statutes of 1910 and 1934 were carried forward without change into. X of 2004, which introduced the ground of gender identity in the list of grounds of nondiscrimination found in the constitution. The country has proportional representation using the single transferable vote system. The malta constitutions of 1936, 1939, 1947, 1961, 1964. Part 1 considers that the internet as we know it comprising both technical infrastructure and content is recognised as a fundamental, unprecedented.
The current constitution of malta was adopted as a legal order on 21 september 1964, and is the selfdeclared supreme law of the land. Based on the singapore constitution of 1958, the 1961 maltese constitution is also known as the blood constitution. In various revisions of the constitution and statutes of the grand encampment many of the original provisions have been brought forward verbatim and reenacted by the revisions made. Co n s t i t u t i o n a lc h a rt e r knights of malta. Human rights and fundamental freedoms shall be limited only by the rights of others. A veritable compendium of laws, practices and judgements on maltese constitutional law, this is the first work of its kind, one which has already received acclaim by wellknown maltese jurists.