The leader of the opposition in Malta

Abstract

Chapter 1 seeks to examine the provisions of the Constitution, relating to the office of the Leader of the Opposition from a historical point of view. This is done by means of an in depth analysis of the Constitutional provisions, characterising the periods between 1921- 2014. These provisions are analysed keeping in mind the political atmosphere determining that particular era in question. Chapter 2 will attempt to give an in depth review of the roles and functions of the Leader of the Opposition under the current Constitution. Such an analysis will be accompanied by an analysis of the Opposition and the Leader of the Opposition, the latter who is most commonly mentioned in the Constitution and whose presence represents the Opposition. The office of the Leader of the Opposition, will be analysed not only through the provisions relating to the Leader of the Opposition's office but also in relation to the President, the Prime Minister and Parliament in general. The Second part of this chapter seeks to understand the role this office plays in the making up of various bodies created by the Constitution such as; the Public service Commission, Broadcasting Authority, Employment Commission, Electoral Commission and the Commission for the Administration of Justice. Reference will also be made to certain parts of the current standing orders which establish the standing and selected committees and which can be viewed as a mechanism, albeit certain deficiencies, which greatly aid the office of the LO, to carry out its functions. Chapter 3 seeks to analyse the office away from the provisions of the Constitution and particularly from a Conventional perspective. Such a chapter will challenge the extent to which such provisions are truly enforced, by examining the effects of the Leader of the Opposition in the Maltese parliament, its contribution to the up-keep of democracy. Reference will be made to local and foreign studies, with particular reference to the European Commission's report ' On the Role of the Opposition in a democratic Parliament', local newspapers and most of all experts’ opinions on the matter so as to fully understand the roles and functions of this office in the Maltese political scenario. The author will also make reference to the office as depicted by foreign legislations and other Parliamentary systems of Government. Chapter 4 deals with the methodological aspect of such study. The first part of this chapter attempts to give a solid understanding of the research methods available and those selected by the author. The second part of this chapter provides an over-view of the main thesis discussion, seeks to suggest the possible way forward of the Constitutional and Conventional roles and functions of the Leader of the Opposition in Malta, not only by means of an adequate constructive criticism but also by providing and assessing the possibility of adopting and considering alternative modes of amending the current provisions of the law with regard to the Constitutional and Conventional roles and functions of the office in Malta.