A study to analyse structural deficiencies in the legal framework and the checks and balances intended to create the right balance between and within the different organs of the state is being commissioned by the Chamber of Advocates.
In a statement this morning, the Chamber referred to the current situation in Malta and the apparent perception of a number of people, including some of its own members, that the rule of law was under unprecedented pressure.
It said it believed it was critical in a democracy that all the country’s citizens, without exception and without any shadow of doubt, should have the firm belief that there existed within the state the necessary checks and balances to ensure the supremacy of law.
“Any doubts or perceptions that this may not be the case are a serious concern to the chamber and cannot be easily dismissed. These doubts and perceptions can be the product of a number of factors, not least that the infrastructure of checks and balances intended to safeguard the rule of law are outdated and need to be strengthened to meet today’s new challenges; a mentality where anything goes; where profit or pecuniary advantage have priority over other values, such as respect of the law.”
The chamber said that the 21st century and modern society has brought about new challenges and the existing controls and checks might not be sufficient to ensure an effective safeguard of the rule of law.
It would also be reviewing existing proposals, yet to be implemented, in this area.
The chamber said it believed it ought to contribute in a substantial manner to the debate about the rule of law. Such contribution should be the product of serious consideration and serene deliberation rather than an instinctive reaction to what was currently being stated publicly.
It iwass in this vein that, as a professional body, it should first examine the position of the current legal infrastructure in some detail and then make concrete proposals on how the rule of law could be further strengthened to be able to meet the challenges of a modern society, in the foreseeable future.
The chamber planned to publish its study on the matter and then launch a national conference to debate its proposals.
It believed it should take the initiative to promote a serious national debate on how the rule of law could be further strengthened.
A national conference is expected to be organised in the first half of next year following the publication of the study.