Just fourteen months ago, most of us gathered here to launch “The Constitution at Sixty” by Prof. Tonio Borg and Dr. John Staunton—a work commemorating the diamond jubilee of our Constitution. Tonight, we mark the release of the third edition of Prof. Borg’s “A Commentary on the Constitution of Malta”
While “The Constitution at Sixty” invited debate on constitutional renewal and reform, this Commentary offers a systematic, article-by-article analysis of our supreme law.
Our Constitution is more than words on paper— it is a manifestation of the principles of our self-rule and of our sovereignty. Between its inked lines are the regolae and organisation of the state and it also incorporates our democratic credentials.
At the heart of our Constitution is our Bill of Rights. These rights are not abstract—when citizens express themselves as autonomous human beings, and when citizens feel that their basic rights —the rights stemming from their inherent autonomy as human beings, rights that a person should enjoy simply by being human —are threatened or trampled upon, the Constitution should provide protection.
Experience and observation teach us that the extent, nay, the adequacy of this protection depends on the interpretation of the courts.
Democracy in its various conceptual angles but more so in the juxtaposition of the individual versus the State has evolved over time.
Maltese Courts are not bound by precedent; this provides ground for judicial interpretation to keep abreast of developments on the ground and ensures that the Constitution is not fossilised, but remains a living instrument, evolving with changed circumstances and situations, still retaining core principles but remaining effective in its application.
Since the incorporation of the European Convention of Human Rights into our legal structure, we have witnessed a widening of what human dignities, human rights really seek to uphold.
It is interesting how the third edition of “A Commentary on the Constitution of Malta” incorporates over six hundred (600) Constitutional Court judgments and extensive European jurisprudence.
Looking ahead, we face constitutional challenges that demand both wisdom and attentiveness. We must ensure fair justice while safeguarding judicial independence.
It is worth noting article 242 of the Maltese code of organisation and civil procedure. This article lays down that if a provision of law is found by the court to be incompatible with the fundamental human rights and freedoms protected by the Constitution or the convention and this is confirmed by the final judgement of a Maltese Court, the Court Registrar sends a copy of such judgment to the Speaker of the House of Representatives who brings it to the attention of the House during the first sitting and a copy of the judgement is laid on the table of the House.
This provision delineates the fact that in our legal system there is room for judicial initiative. I tend to agree with the interpretation that where Human rights are concerned decisions have to be given, based on an animus of making human rights effective in the everyday lives of the citizens.
Some opine that this may run counter to a doctrine of strict separation of powers since it may be looked upon as the judiciary interfering in policymaking, in the realm of the legislator. However, where Human Rights are concerned, at the level of Human Rights the citizen can only look upon the Constitution for protection. I sincerely believe that in such a matter, all organs of the state have to, ultimately, be in synergy in the protection of a citizen’s human rights.
Prof. Borg’s commentary offers the essential outlook for understanding and making informed decisions, and his input is undoubtedly significant.
This Third Edition records constitutional developments up to October 2025, covering modern challenges from environmental protection to digital surveillance.
It serves as both a practical reference and a historical record of how our Constitution has been applied in our era. Therefore, Professor Borg’s exposition is a very significant contribution to Malta’s Constitutional Scholarship.
I encourage everyone who studies, teaches, or practices law, as well as those who genuinely appreciate our Constitution, to obtain a copy of this latest edition.
I would like to renew my thanks to Professor Borg and the KITE Group for this important publication, which enhances scholarly appreciation of the Constitution.
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