Constitution of Malta Act, 1964

CONSTITUTION OF MALTA

The Malta Independence Order, 1964, as amended by Acts: XLI of 1965,

XXXVII of 1966, IX of 1967, XXVI of 1970, XLVII of 1972, LVII, LVIII of

1974, XXXVIII of 1976, X of 1977, XXIX of 1979, IV of 1987, XXIII of

1989; Proclamations Nos. II and VI of 1990; Acts XIX of 1991, IX of 1994;

Proclamations IV of 1995 and III of 1996; Acts: XI of 1996, XVI of 1997,

III of 2000 and XIII of 2001.

21st September, 1964*

CONSTITUTION OF MALTA

ARRANGEMENT OF ARTICLES

CHAPTER I

The Republic of Malta

Article

1. The Republic and its Territories.

2. Religion.

3. National Flag.

4. National Anthem.

5. Language.

6. Constitution to be supreme law.

CHAPTER II

Declaration of Principles

7. Right to work.

8. Promotion of culture, etc.

9. Safeguarding of landscape and historical and artistic patrimony.

10. Compulsory and free primary education.

11. Educational interest.

12. Protection of work.

13. Hours of work.

14. Rights of women workers.

15. Minimum age for paid labour.

16. Safeguarding labour of minors.

17. Social assistance and insurance.

18. Encouragement of private economic enterprise.

19. Protection of artisan trades.

20. Encouragement of co-operatives.

21. Application of the principles contained in this Chapter.

CHAPTER III

Citizenship

22. Persons who become citizens on appointed day.

23. Persons entitled to be registered as citizens.

24. Persons naturalized or registered as resident before appointed day.

25. Acquisition of citizenship by birth or descent by persons born on or after

appointed day.

26. Marriage to citizen of Malta.

27. Dual citizenship.

28. Commonwealth citizens.

29. Criminal liability of Commonwealth citizens.

30. Powers of Parliament.

31. Interpretation.

CHAPTER IV

Fundamental Rights and Freedoms of the Individual

32. Fundamental rights and freedoms of the individual.

33. Protection of right to life.

34. Protection from arbitrary arrest or detention.

35. Protection from forced labour.

36. Protection from inhuman treatment.

37. Protection from deprivation of property without compensation.

38. Protection for privacy of home or other property.

39. Provisions to secure protection of law.

40. Protection of freedom of conscience and worship.

41. Protection of freedom of expression.

42. Protection of freedom of assembly and association.

43. Prohibition of deportation.

44. Protection of freedom of movement.

45. Protection from discrimination on the grounds of race, etc.

46. Enforcement of protective provisions.

47. Interpretation of Chapter IV.

CHAPTER V

The President

48. Establishment of the office of President.

49. Discharge of President’s functions during vacancy, etc.

50. Oath to be taken by the President.

CHAPTER VI

Parliament

PART 1

Composition of Parliament

51. Establishment of Parliament.

52. Composition of the House of Representatives.

53. Qualifications for membership of House of Representatives.

54. Disqualifications for membership of House of Representatives.

55. Tenure of office of members.

56. Voting at Elections.

57. Qualification of voters.

58. Disqualification of voters.

59. Speaker and Deputy Speaker.

60. Establishment of Electoral Commission.

61. Electoral divisions.

62. Filling of vacancies.

63. Determination of questions as to membership.

64. Clerk to House of Representatives and his staff.

PART 2

Powers and Procedure of Parliament

65. Power to make laws.

66. Alteration of this Constitution.

67. Regulation of procedure in House of Representatives.

68. Oath to be taken by members of House of Representatives.

69. Presiding in House of Representatives.

70. Quorum in House of Representatives.

71. Voting.

72. Mode of exercising legislative powers.

73. Restriction with regard to certain financial measures.

74. Language of Laws.

PART 3

Summoning, Prorogation and Dissolution

75. Sessions of Parliament.

76. Prorogation and dissolution of Parliament.

77. General elections.

CHAPTER VII

The Executive

78. Executive authority of Malta.

79. The Cabinet.

80. Appointment of Ministers.

81. Tenure of office of Ministers.

82. Allocation of portfolios to Ministers.

83. Acting Prime Minister.

84. Temporary Ministers.

85. Exercise of functions of President.

86. Exercise of Prime Minister’s functions.

87. President to be informed concerning matters of government.

88. Parliamentary Secretaries.

89. Oath to be taken by Ministers.

90. Leader of the Opposition.

91. Attorney General.

92. Permanent Secretaries and heads of government departments.

93. Prerogative of mercy.

94. Secretary to the Cabinet.

CHAPTER VIII

The Judiciary

95. Superior Courts.

96. Appointment of judges.

97. Tenure of office of judges.

98. Acting Chief Justice and acting judges.

99. Inferior Courts.

100. Magistrates.

101. Oaths to be taken by judges and magistrates.

101A. Commission for the Administration of Justice.

CHAPTER IX

Finance

102. Consolidated Fund.

103. Authorisation of expenditure from Consolidated Fund.

104. Authorisation of expenditure before appropriation.

105. Contingencies Fund.

106. Public debt.

107. Remuneration in respect of certain offices.

108. Auditor General.

CHAPTER X

The Public Service

109. Public Service Commission.

110. Appointment, etc. of public officers.

111. Principal representatives of Malta abroad.

112. Appointment on transfer in respect of certain offices.

113. Protection of pension rights.

114. Grant and withholding of pensions, etc.

115. Protection of Public Service Commission from legal proceedings.

CHAPTER XA

Local Councils

115A. Local Councils

CHAPTER XI

Miscellaneous

116. Actions on validity of laws.

117. Prohibition of certain associations.

118. Broadcasting Authority.

119. Function of the Broadcasting Authority.

120. Employment Commission.

121. Powers and procedure of Commissions.

122. Resignations.

123. Reappointments, etc.

124. Interpretation.

SCHEDULES TO THE CONSTITUTION

FIRST SCHEDULE

SECOND SCHEDULE: Oaths Of Office

THIRD SCHEDULE: Oath of Allegiance

FOURTH SCHEDULE: List of Commonwealth Countries other than Malta