Malta is an island country in Europe located in the Mediterranean Sea. The population of this country is approx 5,19,000 with 316 square kilometers area. Official languages are Maltese and English. About 62% of citizens are also proficient in Italian. Ethnically 77% are Maltese. 88% are Christians, almost all of them are Catholics. 5% do not believe in any religion. Besides, 4% believe in Islam and 2% in Hinduism.
Article 13 of the Constitution states, “The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.” - This is an interesting condition. However, the condition of not being able to waive constitutional rights should be applicable to all types of constitutional rights. Let's say, like a Hollywood movie - where a man on an island has to be killed before sunset as part of a game, the victim tries to save himself, and the hunter who kills first wins, - in such a game, can anyone give the right others to kill himself for a huge amount of money? It is to be noted that a few years ago, poor children from India, Pakistan, Bangladesh, Afghanistan, Iran, Sudan were kidnapped and taken to United Arab Emirates, Oman, Qatar, and used as camel jockeys against their will and killed. This game was televised.
Anyone in Malta is entitled to benefits for involuntary unemployment. See well the word, - “involuntary unemployment”.
These are positive aspects. Now let's discuss the negative aspects.
"Roman Catholic Apostolic Religion" is the religion of Malta. State religion in Europe? Why is it the fault of Afghanistan alone? The Parliament shall convene at least once in a year. What is the work of Parliament during the rest of the year?
Admirable Articles of Malta's Constitution
8. Promotion of culture, etc
The State shall promote the development of culture and scientific and technical research.
9. Safeguarding of landscape and historical and artistic patrimony
The State shall safeguard the landscape and the historical and artistic patrimony of the Nation.
10. Compulsory and free primary education
Primary education shall be compulsory and in State schools shall be free of charge.
13. Hours of work
● The maximum number of hours of work per day shall be fixed by law.
● The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right.
17. Social assistance and insurance
● Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance.
● Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment.
● Disabled persons and persons incapable of work are entitled to education and vocational training.
34. Protection from arbitrary arrest or detention (Part of it)
● No person shall be deprived of his personal liberty save as may be authorised by law in the following cases, that is to say -
● for the purpose of bringing him before a court in execution of the order of a court or before the House of Representatives in execution of the order of that House;
● in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
● for the purpose of preventing the spread of an infectious or contagious disease;
● Any person who is arrested or detained shall be
informed at the time of his arrest or detention, in a language that he
understands, of the reasons for his arrest or detention:
Provided
that if an interpreter is necessary and is not readily available or if
it is otherwise impracticable to comply with the provisions of this
sub-article at the time of the person’s arrest or detention, such
provisions shall be complied with as soon as practicable.
● Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person.
35. Protection from forced labour
● No person shall be required to perform forced labour.
● For the purposes of this article, the expression "forced labour" does not include -
● any labour required in consequence of the sentence or order of a court;
● labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose;
● any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
● any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community.
37. Protection from deprivation of property without compensation (Part of it)
● No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition -
● for the payment of adequate compensation;
● securing to any person claiming such compensation a right of access to an independent and impartial court or tribunal established by law for the purpose of determining his interest in or right over the property and the amount of any compensation to which he may be entitled, and for the purpose of obtaining payment of that compensation; and
● securing to any party to proceedings in that court or tribunal relating to such a claim a right of appeal from its determination to the Court of Appeal in Malta:
● Provided that in special cases Parliament may, if it deems it appropriate so to act in the national interest, by law establish the criteria which are to be followed, including the factors and other circumstances to be taken into account, in the determination of the compensation payable in respect of property compulsorily taken possession of or acquired; and in any such case the compensation shall be determined and shall be payable accordingly.
● Nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property -
● in satisfaction of any tax, rate or due;
● by way of penalty for, or as a consequence of, breach of the law, whether under civil process or after conviction of a criminal offence;
● by way of the taking of a sample for the purposes of any law;
● where the property consists of an animal upon its being found trespassing or straying;
● as an incident of a lease, tenancy, licence, privilege or hypothec, mortgage, charge, bill of sale, pledge or other contract;
● by way of the vesting or administration of property on behalf and for the benefit of the person entitled to the beneficial interest therein, trust property, enemy property or the property of persons adjudged bankrupt or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up or liquidated;
● in the execution of judgments or orders of courts;
● by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;
● in consequence of any law with respect to the limitation of actions, acquisitive prescription, derelict land, treasure trove, mortmain or the rights of succession competent to the Government of Malta; or
● for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon -
● of work of soil conservation or the conservation of other natural resources of any description or of war damage reconstruction; or
● of agricultural development or improvement which the owner or occupier of the land has been required and has without reasonable and lawful excuse refused or failed to carry out.
● Nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for vesting in the Government of Malta the ownership of any underground minerals, water or antiquities.
● Nothing in this article shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by any legislature in Malta.
97. Tenure of office of judges
● Subject to the provisions of this article, a judge of the Superior Courts shall vacate his office when he attains the age of sixty-five years.
● A judge of the Superior Courts shall not be removed from his office except by the President upon an address by the House of Representatives supported by the votes of not less than two-thirds of all the members thereof and praying for such removal on the ground of proved inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or proved misbehaviour.
Facts of Malta's Constitution
2. Religion
● The religion of Malta is the Roman Catholic Apostolic Religion.
● The authorities of the Roman Catholic Apostolic Church have the duty and the right to teach which principles are right and which are wrong.
● Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.
41. Protection of freedom of expression
● Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.
● Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subarticle (1) of this article to the extent that the law in question makes provision -
● that is reasonably required -
● in the interests of defence, public safety, public order, public morality or decency, or public health; or
● for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or
● that imposes restrictions upon public officers,
● and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
75. Sessions of Parliament (Part of it)
● There shall be a session of Parliament once at least in every year,
so that a period of twelve months shall not intervene between the last
sitting of Parliament in one session and the first sitting thereof in
the next session.
