The governance of Malta under the constitution : separation of powers 𝘷𝘦𝘳𝘴𝘶𝘴 concentration of powers

Abstract

This paper studies the provisions of the Constitution of Malta in order to establish whether the Maltese system of governance is inspired by the doctrine of the separation of powers once this doctrine is not specifically mentioned by name in the Constitution. In order to answer this query, the composition and functions of the three principal organs of the state established by the Constitution – the legislature, the executive, and the judiciary – are identified and extant overlaps between them are noted. Following such an analysis, the conclusion arrived at is that there is no strict separation of powers established by the Constitution and that, although there is a system of checks and balances enshrined therein, it is clear that the executive branch is most powerful; as there is a very flexible separation of powers, this leads to a concentration of powers in the hands of the executive. This augurs well for governability but not that much for parliamentary democracy as Parliament ends up dominated by the executive of the day.