City Research Online

Abstract

The supremacy of the Constitution of Malta is declared in Article 6 of the constitutional text. This article examines the effects of this clause, exploring its limitations, and the way in which it has been treated by politicians and judges. It is critical of the way in which the clause seeks to secure the supremacy of the Constitution, arguing that its easy alteration and manipulation compromise its effect, undermining the Constitution. Concern for the way in which the Constitutional Court defers to Parliament on whether unconstitutional laws should be repealed is also a factor, such restraint meaning that the Constitution lacks protection. On the strength of these concerns, the article discusses the ways in which the supremacy of the Maltese Constitution might be strengthened, drawing from established literature to explore possible amendments, and considering the ways in which the composition of the Constitutional Court might be increased and enhanced.

Publication Type:	Article
Additional Information:	Reprinted from European Public Law, 30, 1, 2024, pp. 23-50, with permission of Kluwer Law International.
Publisher Keywords:	Supremacy, Constitution of Malta, supreme courts, constitutional reform
Subjects:	J Political Science J Political Science > JN Political institutions (Europe) K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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