The cabinet of Malta : making a case for technocratic appointments

Abstract

This thesis lays the foundations for the introduction of technocratic appointments in Malta. Effectively, the author explores the best practices within other jurisdictions and identifies the limitations of the current legal order which altogether inspire a change to the Maltese Cabinet formation process. The Introduction of this study outlines the core questions which have motivated the examination of this constitutional phenomenon, at a time when the Prime Minister of Malta and his predecessors have openly admitted their inclination towards the possibility of appointing Ministers from outside the House of Representatives. Chapter 1 of this thesis provides an in depth analysis on the concept of technocracy by identifying the conflicting views and definitions of what constitutes a technocrat and a technocratic Government, ensuring that the reader is put into a conceptual perspective of the topic in question. This analysis is further elaborated on in the comparative analysis that ensues in Chapter 2, which examines the common and differentiated elements characterising technocratic appointments in various countries and provides a practical view on the theory set out in the previous chapter. Having familiarised himself with the overarching concept, the author advances the reader towards the main objective of this thesis by critically analysing the constitutional evolution of the Maltese Cabinet formation and its current legal status. On this basis, the author identifies the limitations of the current scenario and the merits for change. Chapter 4 takes a final leap towards the apex, as the opinions of key stakeholders bring together the theoretical and practical aspects of this thesis, while laying the foundations for the author’s final recommendations. The conclusion of this thesis therefore proposes a legal basis for technocratic appointments in Malta as it puts forward the author’s vision of a Constitution, which serves the ever-increasing technical nature of governance, whilst meeting the aspirations of future generations.