The office of speaker : a comparative analysis

Abstract

The focus of this dissertation is on the role of the Speaker, with particular reference to the Speaker of the House of Representatives in Malta, taking a comparative perspective to understand the relative powers associated with the Speaker in different common and civil law jurisdictions. Through this exercise the key questions that are addressed include what the key functional roles of the Speaker are, where the office of the Speaker in Malta differs from roles in these jurisdictions, identifying the constitutional framework that supports these differences and considering whether they lend themselves to the reality of the Maltese legislature and whether adapting the role of the Speaker could be beneficial to the fulfilment of his envisioned constitutional function. The chosen roles for this comparative analysis are the Speaker of the House of Commons of the United Kingdom, the Speaker of the National Assembly of South Africa, Speaker of the House of Representatives of Australia, the Speaker of the House of Representatives of the United States of America, the President of the House of Deputies of Italy, the President of the Bundestag of Germany and the Speaker of the House of Representatives in Malta. This dissertation identifies the office of the Speaker as being comprised of three distinct roles namely a representative role, an administrative role, and a presiding officer role. The Speaker of the House of Representatives conformed broadly to the representational and administrative roles of the Speaker in other legal systems which were similar in concept with some differences in implementation. As a presiding officer the office of the Maltese Speaker did not compare as favourably as in its other functional roles, with the Speakership lacking in its assurance of impartiality in comparison to some legal systems.