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The constitution of Malta: Supremacy, parliament and the separation of powers

Stanton, J. ORCID: 0000-0001-5211-5617 (2019). The constitution of Malta: Supremacy, parliament and the separation of powers. Journal of International and Comparative Law,

Abstract

The Constitution of Malta makes express provision for its own supremacy, clarifying the predominance of the codified document over the internal constitutional arrangements in the context of post-imperial government. This provision, though, presents legal and practical problems, particularly in view of the weak entrenchment the Constitution is afforded. This claim to supremacy is fragile and, in many respects, is dependent upon continued parliamentary recognition. What is more, in assessing the constitutional validity of legislation, the Constitutional Court has not regarded findings of invalidity as having effect beyond the scope of that particular case, leaving it to Parliament to determine whether constitutionally invalid laws should be repealed (or not). This article explores solutions to these problems, arguing for firmer constitutional entrenchment, a refined process for amendment and a more authoritative power for the Constitutional Court to declare unconstitutional Acts void.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of International and Comparative Law following peer review.
Publisher Keywords: Malta, constitutional supremacy, the Maltese Parliament, entrenchment, the Constitutional Court, constitutional review, the separation of powers
Subjects: J Political Science
J Political Science > JN Political institutions (Europe)
Departments: The City Law School > Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/21384
[img] Text - Accepted Version
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