The Constitutional implications on small parties in Malta, dictated by the Electoral Law system

Abstract

Article 1 of the Constitution of Malta immediately identifies that Malta is in fact ‘a democratic republic’. As a system of Government, democracies necessitate the existence of elections which allow the population to elect their representatives to Parliament. However elections are a complex structure with multiple and myriad issues. In Malta there is a set of legislation that regulates Electoral Law, however several issues crop up, in particular with regard to third parties being elected to Government. This paper aims to analyse the position of third parties under the Electoral Law and system of elections as are in place currently. It also aims to analyse both the advantages and disadvantages of the system in place. Furthermore this study will also take into account other systems that may be utilised including systems being used in other countries, and analyse their effects on third parties as they stand in Malta today.