The enforceability or otherwise of the declaration of principles in the Constitution of Malta

Abstract

With regards to the Declaration of Principles entrenched in Chapter II of the Constitution of Malta, one has to start off with the premise that the legislator, in entrenching these principles in the Constitution had in mind the importance of such principles, but understood that making such provisions justiceable would be catastrophic in that the state would be bound to provide, for example, one hundred percent employment, and in default of which would be subject to civil liability; hence the birth of Article 21 of our Constitution. Does this mean that should the state decide to ignore these principles, the citizen is totally unprotected? In the sphere of social rights, as are the Principles entrenched in our Constitution, there exists on the interNational Level a method of ensuring that the above mentioned principles are safeguarded. The Council of Europe devised a review process with regard to the European Social Charter wherein states are to, on a two yearly basis, report to the Secretary General about the application of certain provisions in the Charter. There is then a whole process wherein such reports are analysed and communication with the states as to improvement is made. However, should the state not abide by such principles, there is not much that can be done. In Maltese law, one lack such a Review Mechanism, and although one can argue that Malta is in fact a member of the Council of Europe, the system is weak and breach of social rights are still effectively without remedy. A national System of Review needs to be put in place in order to have effective protection of the rights seen in Chapter II of the Constitution of Malta, with an alternative being the making of provisions for the substantive Articles of the European Social Charter and the relative Review Mechanism to become, and be enforceable as, part of the Laws of Malta.