Democratic Values, Citizenship and the Constitution of Malta
What the domain tests
This domain asks how democratic values are turned into institutions in Malta: the rule of law, separation of powers, constitutional supremacy, citizenship and participation. The exam expects you to connect principles to specific constitutional arrangements, not just define democracy.
Core rules and concepts
- The Constitution of Malta (1964, republican since 1974) is the supreme law. Ordinary laws inconsistent with it are invalid to that extent.
- The President is head of state; the Prime Minister is head of government. Parliament is unicameral and elected by proportional representation using the single transferable vote (STV).
- The Constitutional Court decides constitutional and human-rights questions. Chapter IV entrenches fundamental rights; entrenchment means amendment requires special majorities, not a simple parliamentary majority.
- Checks and balances include judicial review, parliamentary scrutiny, the Ombudsman, the Auditor General and free elections. Malta joined the EU in 2004; EU membership was authorised by constitutional amendment.
- Article 1 declares Malta a democratic republic founded on work and respect for fundamental rights, and a neutral state pursuing peace.
Worked example. A proposed law requires journalists to reveal confidential sources in all cases. Reasoning: identify the right (freedom of expression, Constitution and ECHR), ask whether the limitation is prescribed by law, pursues a legitimate aim and is necessary and proportionate in a democratic society. A blanket rule is likely disproportionate because a narrower rule could protect legitimate investigations while preserving confidential sources. The measure would be tested against the Constitution, not merely ordinary policy preference.
Traps that cost marks
- Confusing the President with the Prime Minister, or Parliament with the Executive.
- Treating STV as first-past-the-post; Malta uses multi-member constituencies and proportional outcomes.
- Saying rights are absolute: most are subject to proportionate limitations.
- Assuming a simple parliamentary majority can amend entrenched provisions.