Legislation under the 1887 Constitution of Malta

Abstract

The period between 1887 and 1903 was one of the most interesting periods pertaining to the legal history of Malta under the British. This thesis uses the law itself as a tool to compare the legislative process of the period vis-à-vis the quantum leap that occurred constitutionally with the 1887 Constitution. Thus, the overarching objectives of the thesis are to explore the relationship between the legislative and constitutional development of the period, and to evaluate whether representative government was truly representative at law and in practice. This is attempted by an assessment of a variety of factors that affected the legislative process, including economic stagnation, delayed and rejected Council votes, the use of the royal prerogative, local infrastructural development, fin de siècle imperial policy, and other obstructions. The thesis includes an overview of the 1887 Constitution and its salient clauses, leading up to an examination of its ultimate legacy. It surveys the legislation enacted under this Constitution, with a particular focus on certain legislative hallmarks of the period, including criminal laws, health and sanitary laws, and the language question. The significance of the use of primary legislation is discussed, conveying how this highlights the important issues of the period – usually indicating the priorities of the British fleet or issues relating to public finance. Several remnants of law that remain in force today, in 2014, are also pinpointed, with the aim of showing that, while the 1887-1903 period was one of relative legislative stagnation, it still produced a number of important legislative enactments that remain relevant up till the present day.