Constitution of Malta - Constitutional Development Since Independence

Constitutional Development Since Independence

The Constitution has been amended twenty-four times, most recently in 2007 with the entrenchment of the office of the Ombudsman. The constitution is typically called the Constitution of Malta and replaced the 1961 Constitution, dating from October 24, 1961. George Borg Olivier was its main instigator and negotiator.

Under its 1964 constitution, Malta became a parliamentary democracy within the British Commonwealth. Queen Elizabeth II was sovereign of Malta, and a governor general exercised executive authority on her behalf, while the actual direction and control of the government and the nation's affairs were in the hands of the cabinet under the leadership of a Maltese prime minister.

On December 13, 1974, the constitution was revised, and Malta became a republic within the Commonwealth, with executive authority vested in a Maltese president. The president is appointed by parliament. In turn, the president appoints as prime minister the leader of the party that wins a majority of parliamentary seats in a general election for the unicameral House of Representatives.

The president also nominally appoints, upon recommendation of the prime minister, the individual ministers to head each of the government departments. The cabinet is selected from among the members of the House of Representatives. The Constitution provides for general elections to be held at least every five years. Candidates are elected by the Single Transferable Vote system. The entire territory is divided into thirteen electoral districts each returning five MPs to a total of 65. Since 1987, in case a Party obtains an absolute majority of votes without achieving a Parliamentary majority a mechanism in the Constitution provides for additional seats to that Party to achieve a Parliamentary majority (Act IV of 1987). To date this mechanism, intended to counteract gerrymandering, came into effect twice: for the Sixth and the Eight Parliaments. A similar mechanism was introduced in 1996 so that additional seats would be given to that Party obtaining a relative majority of votes but not a parliamentary majority with only two parties achieving Parliamentary representation. This mechanism was first applied in the 2008 general election.