The constitutional implications of a hung parliament

Abstract

This thesis seeks to investigate the various scenarios which may lead to a parliamentary election resulting in a hung parliament. Although it may be argued that in the Maltese Political scenario a hung parliament is a remote notion, I still believe that there exists a possibility of this occurring. Case in point is the application of the MEP election results held in May 2004 to a General Election scenario. If such an instance were to arise, one would immediately note a clear lacuna in our political and constitutional workings. Such a scenario would expose the political maturity or otherwise of a country, to deal with such a situation. The first chapter deals with matters pertinent to Democratic Elections and Electoral Systems. A brief insight into the Democratic Model and the importance of Democratic Elections is provided for. A survey of electoral processes is then made and an explanation of the major electoral systems is carried out. The second chapter deals with issues concerning the Maltese Electoral System, i.e. the Single Transferable Vote. This system is analysed thoroughly, including the use of tables. The application of the STV in Malta is dealt with in this Chapter. Chapter three is a comparative chapter where two instances of Hung Parliaments which arose from different electoral systems are treated. A case study is first drawn from the United Kingdom's General Election held in 1974. An in depth treatment of the results is made on the strength of graphs to show the disproportionate relationship between the votes garnered by a particular party and the number of seats obtained in parliament. The aftermath of the result is also discussed. The second case study concerns the recently held German General Election. The same approach is taken with the use of graphs together with reference to the outcome. The fourth chapter concentrates on those instances where hung parliaments have resulted from Maltese Parliamentary elections. The results of such elections are treated and the outcomes discussed. The final chapter deals with the role of the President of the Republic in the eventuality that a Hung Parliament were to arise. An in depth analysis of the relevant constitutional article also takes place.