The constitution and religion in Malta between 1921 and 1974

Abstract

Malta had eight Constitutions between 1921 and 1974 Of these, the most important, in so far as religious matters are concerned, are the Self Government (1921), the Independence (1964) and the Republic Constitution (1974). What these three Constitutions have in common is that they all recognize the right to freedom of conscience and worship. In fact, the formulation which the Constitution of 1921 gives of this right is retained in subsequent Constitutions. For this reason, it may sound somewhat strange to speak of the constitutional history of this right in Malta. Yet, it is possible to see this right in a historical perspective, because the context varies from one Constitution to the other. The 1921 Constitution contains only one section on religion which, in the first place, affirms everyone's right to freedom of conscience and worship and, secondly, prohibits religious discrimination in any public career. While declaring the Roman Catholic religion as the religion of Malta and guaranteeing freedom and independence to the Roman Catholic Church, the 1964 Constitution includes freedom of conscience and worship as well as equality of treatment, prohibiting religious (and other forms of) discrimination, among the fundamental human rights. The 1974 Constitution does substantially the same except that it practically abolishes the special guarantee which the Roman Catholic Church enjoyed under the previous Constitution.