Abstract: The Constitution of Malta makes express provision for its own supremacy, clarifying the predominance of the codifi ed document over the internal constitutional arrangements in the context of post-imperial government. This provision, though, presents legal and practical problems, particularly in view of the weak entrenchment, the Constitution is afforded. This claim to supremacy is fragile and, in many respects, is dependent on continued parliamentary recognition. What is more, in assessing the constitutional validity of legislation, the Constitutional Court has not regarded fi ndings of invalidity as having effect beyond the scope of that particular case, leaving it to the Parliament to determine whether constitutionally invalid laws should be repealed (or not). This article explores solutions to these problems, arguing for fi rmer constitutional entrenchment, a refi ned process for amendment and a more authoritative power for the Constitutional Court to declare unconstitutional Acts void.
Keywords: Malta; constitutional supremacy; the Maltese Parliament; entrenchment; the Constitutional Court; constitutional review; the separation of powers
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