The Constitution represents the bedrock of the democratic governance of Malta. It is the rule book regulating governing institutions and processes.
The government promised in 2013 that “it would hold a Constitutional Convention that will give birth to the Second Republic”. It has now returned to this promise in the President’s speech at the opening of Parliament.
The events of the last four years have exposed weaknesses in the way important institutions of government have operated, going right to the heart of the way government in Malta has been conducted. The last Parliament highlighted whether the checks and balances built into the Constitution are capable of delivering good governance when an administration holds a commanding lead in the House.
As the Prime Minister considers how he should go about setting up the promised Constitutional Convention to undertake such a task, he would do well to re-read the report submitted to him in September 2014 by the Today Public Policy Institute. The document offers a checklist of possible changes to the Constitution for the consideration of the convention, covering constitutional principles, many major and other institutional issues and as well as political topics.
Turning to the organisation and conduct of the Constitutional Convention, the report strongly recommends the need for delicate political choreography to ensure its success. Using the model of the European Constitutional Convention over a decade ago, it recommends that the event be organised in three phases.
First, a period of listening to civil society and delegates from established institutions. Secondly, deliberation by a ‘group of experts’. And, thirdly, a drafting of proposals for change by such group in conjunction with a Parliamentary Select Committee on the Constitution.
Most importantly, it recommends that the convention should be led by a person of stature, political independence and objectivity. This will be crucial to its success. It suggests the selection of a former president, speaker of the House, chief justice, judge or similar as being appropriate.
The discussion during the event should be underpinned by a sound assessment of where the Constitution stands today, its strengths and weaknesses and how it might be improved. It is no good trying to cherry-pick aspects of it. The Constitution has to work as an organic whole.
The selection of delegates will need careful consideration. Ideally, it should attract as wide a representation of Maltese civil society as possible, however, not to the extent that it becomes unmanageable. It should work to a clear schedule and focus on specific areas.
The convention needs to listen carefully to those who have worked at the political rock-face: former prime ministers, speakers of Parliament and presidents of the republic. A parliamentary committee should also be tasked with proposing the necessary amendments to the Constitution.
Much has changed in the last 53 years, not least Malta’s accession to the European Union. But it remains a moot point whether the Constitution requires refinement, restoration, reform or complete redesign.
Neither democracy nor the economy can flourish properly in the absence of a competent State. The government’s promise to hold a Constitutional Convention presents an opportunity for the country to take a hard look at the way its institutions operate.