The law of naturalization and citizenship in Maltese law from 1921 onwards

Abstract

This thesis aims at giving a study of citizenship in the Maltese islands and its development from the acquisition of self-government in 1921 up to the present day. It outlines the progression of the status of the People of Malta from British subjects to Citizens of the United Kingdom and Colonies and ultimately Maltese citizens. The First Chapter begins by delineating some of the many theories propounded on citizenship. It concludes that there is no universal definition for 'citizenship' but at least there are certain basic elements which feature in the majority of the conceptions of citizenship. In order to put the matter in context, the Chapter goes on to survey the acquisition of the status of British subjects after Malta's cession to the British Empire and analyzes the first provisions relating to citizenship found in the Crown Colony constitutions and ordinary legislation from 1800 up to 1921. The Second Chapter captures the important constitutional developments, beginning with self-government in 1921 and concludes with independence in 1964. It shows how the concept of citizenship for Malta evolved to become the separate and distinct concept of Maltese citizenship. It also explores the concept of Citizen of United Kingdom and Colonies as introduced by the 'British Nationality Act, 1948'. The Third Chapter, therefore, flows by way of consequence on the 'Maltese Citizenship Act, 1965', which is hitherto the fundamental law regulating Maltese citizenship. The Third Chapter outlines the· reforms which Maltese Citizenship Law underwent through the various amendments and traces its change from a rather restrictive enactment to one of the most liberal citizenship legislative instruments. Finally, the Fourth Chapter takes a glimpse at the relatively new concept of European Citizenship. Apart from outlining the rights conferred by such citizenship, it also tries to indicate the needs which must be tackled in the near future in order to strengthen a European identity amongst the various national identities.