A think tank has listed a range of possible changes to the Maltese Constitution, even though it says Malta was well served by the Constitutions it has had since Independence.

The Today Public Policy Institute is holding a conference today on the basis of its  report entitled A Review of The Constitution of Malta at Fifty: Rectification or Redesign? 

The lead authors of the report, Michael Frendo and Martin Scicluna, suggest that the country’s national days should be reduced from five to at least two: Independence Day and Republic Day. Rules on party financing, once agreed, should also be referred to in the Constitution.

The think tank also suggests that the Constitution’s reference to neutrality is outdated given the collapse of the superpower duopoly. If retained, the neutrality clause should be amended to reflect current realities.

The report says certain rights need to be enshrined. They refer to the principle of openness and transparency of government, the right to protection of minorities, the right to freedom of information, accountability, and the right to a healthy environment, among others.

The report also refers to the right to a good administration, which has been repeatedly raised by the Parliamentary Ombudsman.

“‘Majoritarianism’ – the notion that winning the election entitles the majority, through the Executive, to do whatever it pleases – appears to predominate,” TPPI states, while recommending a re-balancing of the distribution and exercise of power.

The think tank also suggests the establishment of a Council of State to act as the “guardian over the guardians” that would be composed of individuals from civil society selected by the President.

While recommending a revision of the President’s functions and an extension of the term in office, the report also recommends that a former Prime Minister should be debarred from holding such a post to ensure national unity.

The writers call for effective autonomy and recommends a Parliament made up of full-time MPs. The Prime Minister should also have the option to appoint unelected technical experts to improve the country’s governance. They would sit in the House but not have voting rights.

TPPI also addresses the issue of separation between Church and State saying the Constitution should recognise the multi-faith nature of Maltese society, but that the Catholic religion should still be a defining component of national identity.

The Electoral process should also be amended, including the idea that equivalence in proportionality between votes obtained by a party and the number of its MPs should be applied to the point where a certain percentage of votes nationwide should translate into Parliamentary seats, even if the party concerned has not won a single constituency, though nation-wide it has obtained a certain percentage.

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