The workings of the 1939 MacDonald Constitution

Abstract

In the first chapter, the letters patent of the MacDonald Constitution and the power structure entailed within will be analysed. A view will also be taken of the two preceding and the succeeding constitution to better locate the MacDonald Constitution. The internal situations pertaining to the Constitutionalist, Labour and Nationalist parties will also be examined as regards the 1939 election, at the point of the elections and as regards their positions vis-à-vis the constitution and the council. The second chapter analyses, the political parties’ views from within the Council about the Council itself and the Constitution as well as their intentions for the legislature together with the Governor’s eagerness to make the constitution work. The main themes featuring throughout the debates will also be introduced and investigated from the first sitting until Italy’s entry into the war. The third chapter examines of the internal crises of the Constitutionalist and Nationalist parties, followed by an investigation into sparring in the council between the two factions. The Constitutional Party will be seen as a driver of the Constitution, therefore underlining the importance of this position for the healthy working of the Constitution. The main functions, and therefore the continued operation of the Council during the war will also be analysed. The Governor’s rule as a driver of the constitution will also be investigated especially through the view of Bonham-Carter, therefore indicating the importance of the governorship’s role for the healthy working of the Constitution. The fourth chapter highlights the main themes debated between 1940 and 1943. Compared to the second chapter, a notable increase in tensions will be perceived across the various themes particularly relating to general governance, finances and planning. The council’s climate will be shown to reflect the health of the constitution’s operations and are evident particularly regarding the constitutional question. The constitutional question will be analysed in the fifth chapter as well as the surrounding climate which reflects constitution’s health. The relations between the Maltese politicians and the British officials will and the Government’s nature will also be analysed. The promise of July 1943 and the reaction elicited from the elected members will then be examined. The sixth chapter examines the main themes in the debates of the Council between 1943 and 1945 as well as the atmosphere in the council further reflecting the health of the Constitution’s operation and the changed mentalities especially of the Constitutionalists and their optimism and will to cooperate particularly vis-à-vis the constitutional question. The constitutional question will be examined in the seventh chapter in relation to the July 1945 crisis. The transformation in the elected members’ attitudes regarding elections will also be analysed as will the crisis itself. The revival of the Labour Party will also be examined as will its intentions regarding their term in the council. The elections of 1945 and the immediate situation thereafter will also be analysed. In the eight chapter, the second legislature will be analysed from the perspective of the relations between the Maltese politicians and the Government’s officials. The Government’s attitude to the elected members and the impact this had on the Labour Party’s will to cooperate within the Council and the question of discharges will also be analysed as regards how this culminated in the rump period of the Council of Government. In the ninth and concluding chapter, an analysis will be made to ascertain whether or not the constitution succeeded as it was intended to operate on the principles of cooperation. Points of decline will be examined and a detailed look into how these occurred as well as what their final outcome was will also be demonstrated.