The offices of the President and the Prime Minister of Malta : a way forward

Abstract

The state-of-play of the role and function of the Office of the President and the Prime Minister are intricately embedded in the conceptual framework of the Constitution of Malta 1964 as amended in 1974. The first chapter expounds an overview of the relative literature synthesizing the most important historical happenings in Maltese Constitutional law. These events gradually changed the role and function of the Office of the President and the Prime Minister into what they are today. These state roles have come a long way from what they were originally and it is Maltese political history that shaped the true essence of how they both function in accordance with Maltese law. The literature reviewed formed the basis for the secondary research of this study on which were formulated the hypotheses to be investigated by the primary research methods applied and described in Chapter 2. The method deemed most fit for purpose, where the objectives of this study were concerned, was the qualitative method and the research instruments opted for were semi-structured interviews, informal interviews and informal discussions, thereby satisfying the exigencies of triangulation. The qualitative data gathered was then collated and analysed. The research findings of the Offices of the Prime Minister and the President are presented in Chapters 3 and 4, respectively. The results derived from the different research tools employed corroborate, deny, complement and/or supplement one another and offer a great deal of significant material on which to articulate the discussion and recommendations outlined in Chapter 4 as well as the final conclusions which are then brought together in Chapter 5. This research study has delved deeply into the role and function of the Offices of the President and Prime Minister, their evolution over time, the developments to date and the controversies surrounding their continuity. Accordingly, this thesis has recommended a number of proposals, based on the feedback obtained from those participating in this study, including the presidential appointment by: two-thirds majority and subsequent election; an absolute majority of the House and local council representatives; and, election, apart from various other ancillary changes. Adoption of one or more of these proposed recommendations in the form of amendments to the Constitution of Malta 1964, where the Office of the President and Prime Minister are concerned, will kick-start the process of change setting the course for the way forward.