Tag: constitution

  • Democracy Is Not a Legal Alibi: Why Constitutional Supremacy Cannot Be Voted Away

    Democracy Is Not a Legal Alibi: Why Constitutional Supremacy Cannot Be Voted Away

    Robert Musumeci argues that Malta’s Constitution prioritizes democratic procedures over judicial authority. However, this analysis overlooks the importance of constitutional supremacy and judicial independence, which serve as essential checks within a democracy. Constitutional amendments must not undermine the foundational principles protecting rights and governance, highlighting the relationship between legality and democracy.

  • Cultural Heritage and Tradition in the Constitutional Orders of Italy and Malta

    Cultural Heritage and Tradition in the Constitutional Orders of Italy and Malta

    Across Europe, the protection of cultural traditions and pastimes sits at the crossroads between constitutional identity and legislative policy. While all Member States acknowledge culture as a public good, few have given it explicit constitutional status. Italy stands out as a state where culture is embedded in the constitutional text as a foundational value. Malta,…

  • This Is the Record: Malta’s Institutions Are Being Hollowed Out 

    This Is the Record: Malta’s Institutions Are Being Hollowed Out 

    Let us begin with a truth that bears repeating: democracy does not die in one fell swoop, but by a series of quiet manipulations, each too technical to stir mass indignation, each cloaked in the language of efficiency, reform, or sovereignty. Malta is not facing an immediate coup. But what it is experiencing is something…

  • Long & Short 1 – Delia Leader of the Opposition no more

    Long & Short 1 – Delia Leader of the Opposition no more

    The Delia is no longer Leader of the Opposition de facto post. 1. FACT: Delia no longer enjoys the confidence of the majority of opposition MPs in parliament.2. FACT: Delia himself made this information public right after the vote in his press conference.3. FACT: President George Vella knows of the two facts above, so much…

  • The Constitutional Matters (I)

    The Constitutional Matters (I)

    The Presidents’ prerogative is qualified with the words “in his judgment” though I doubt if George Vella can come up with a plausible reason to deny all evidence pointing to the obvious. Delia no longer commands the confidence of a majority of opposition MPs. His appointment to Leader of Opposition should be revoked.

  • Seize the moment

    Seize the moment

    This article first appeared on The Shift News on 10.12.2019. Sunday afternoon turned out to be quite surreal. As the sun began to set on The Eternal City, I stood at the top of the Spanish steps looking down on a huge crowd of people gathered to follow the Pope’s Immacolata procession. At that precise moment, some…