Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/2168
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dc.date.accessioned2015-04-07T09:52:48Z
dc.date.available2015-04-07T09:52:48Z
dc.date.issued2014
dc.identifier.urihttps://www.um.edu.mt/library/oar//handle/123456789/2168
dc.descriptionLL.D.
dc.description.abstractOn obtaining Independence, Malta adopted the Westminster system of government and, therefore, the constitutional conventions of collective and individual ministerial responsibility. This thesis seeks to discuss and analyse the subject matter of the conventions, their application and who applies them. It seeks to contribute to the discussion on ministerial responsibility and to suggest constitutional amendments to strengthen the conventions and the Constitution. The author has consulted books on British and Maltese constitutional law, the Constitution of Malta, parliamentary debates of the House of Commons and the House of Representatives, research papers, newspapers and websites. The first chapter deals with the nature of the conventions and the Executive, the origins of the British and Maltese Cabinets and the functions of the Cabinet. It is argued that since Cabinet emerges from Parliament, ministers remain collectively and individually responsible to Parliament. The second chapter analyses the convention of collective ministerial responsibility, through which Cabinet is made collectively responsible to Parliament for the general conduct of the affairs of the country. The third chapter deals with the convention of individual ministerial responsibility, which provides that a minister is responsible to Parliament for his own official acts and for those of the ministry entrusted to him by the Prime Minister. The fourth chapter examines the application of the conventions in Malta by analysing primary examples of their application. The thesis concludes that the conventions are applied by the Prime Minister provided he enjoys the confidence of the absolute majority of the members of the House of Representatives. Together with his power to advise the President to dissolve Parliament, the Prime Minister uses the conventions to control the majority in Parliament, including Government backbenchers. Adherence to these conventions ensures a true democracy in which government Ministers would, through Parliament, be responsible to the electorate.en_GB
dc.language.isoenen_GB
dc.rightsinfo:eu-repo/semantics/restrictedAccessen_GB
dc.subjectConstitutional law -- Maltaen_GB
dc.subjectParliamentary practice -- Maltaen_GB
dc.subjectMinisterial responsibility -- Maltaen_GB
dc.subjectCabinet system -- Maltaen_GB
dc.titleThe doctrines of collective and individual ministerial responsibility revisiteden_GB
dc.typemasterThesisen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of Public Lawen_GB
dc.description.reviewedN/Aen_GB
dc.contributor.creatorSacco, Terence
Appears in Collections:Dissertations - FacLaw - 2014
Dissertations - FacLawPub - 2014

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