Chapter II of the Constitution sixty years on : time to question it

Abstract

Chapter II consists of a declaration of principles, which the Maltese Legislature is required to uphold during the course of its work, but are ‘non-justiciable’. A lot of questions surround this chapter, including, the reason behind its inclusion , the purpose which it serves, its effectiveness and how the Courts have dealt with the interpretation of such Chapter. The author questions whether the courts could have given a more constructive interpretation to these rights. He also deals with the question whether Chapter II is still relevant today; and whether it should include new rights. In conclusion, the author puts forward suggestions on the way forward.