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On December 13, 1974, the constitution was revised, and Malta became a republic within the Commonwealth, with executive authority vested in the President of Malta. The President appoints as Prime Minister the leader of the party with a majority of seats in the unicameral House of Representatives, known in Maltese as Kamra tar-Rapprezentanti.
The President also nominally appoints, upon recommendation of the Prime Minister, the individual ministers to head each of the government departments. The Cabinet is selected from among the members of the House of Representatives, which consists of between 65 and 69 members elected on the basis of proportional representation. Elections must be held at least every 5 years. Candidates for any vacancies are determined by the majority of votes obtained by a candidate during the previous elections.
Malta's judiciary is independent. The President on the advice of the Prime Minister appoints the chief justice and 16 judges. Their mandatory retirement age is 65. There is a civil court, a commercial court, and a criminal court. In the latter, the presiding judge sits with a jury of nine. The court of appeal hears appeals from decisions of the civil court and of the commercial court. The court of criminal appeal hears appeals from judgments of conviction by the criminal court. The highest court, the Constitutional Court, hears appeals in cases involving violations of human rights, interpretation of the constitution, and invalidity of laws. It also has jurisdiction in cases concerning disputed parliamentary elections and electoral corrupt practices. There also are inferior courts presided over by a magistrate.
The Local Councils Act, 1993 (Act XV of 1993) was published on June 30, 1993, subdividing Malta into 54 local councils in Malta and 14 in Gozo. The inhabitants who are registered elect the Council every 3 years, as voters in the Local Councils' Electoral Register . Elections are held by means of the system of proportional representation using the single transferable vote. The mayor is the head of the Local Council and the representative of the Council for all effects under the Act. The Executive Secretary, who is appointed by the Council, is the executive, administrative, and financial head of the Council. All decisions are taken collectively with the other members of the Council. Local councils are responsible for the general upkeep and embellishment of the locality, local wardens, and refuse collection, and carry out general administrative duties for the central government such as collection of government rents and funds, and answering government-related public inquiries.
Two parties dominate Malta's polarized and evenly divided politics--the Nationalist Party - Partit Nazzjonalista, led by Prime Minister Lawrence Gonzi, and the Labour Party (Malta)- Partit Laburista, led by Alfred SantAlfred Sant (born February 28 1948) is the present leader of the Malta Labour Party (MLP), the main opposition political party in Malta. Previously, he was prime minister of Malta from 1996 to 1998. Sant, Alfred.. Elections invariably generate a widespread voter turnout exceeding 96%. The margin between the two parties is so narrow that a 52% share of the votes can still be considered a "landslide" for the winning party. Prior to the May 1987 election, the Maltese constitution was amended to ensure that the party that obtained more than 50% of the popular vote would have a majority of seats in parliament and would thereby form the government. The then Labour Party government proposed this constitutional amendment in exchange for Nationalist Party (in opposition at the time) agreement to two other amendments to the constitution: The first stipulates Malta's neutrality status and policy of nonalignment, and the second prohibits foreign interference in Malta's elections.
The 1996 elections resulted in the election of the Labour Party by 8,000 votes to replace the Nationalists who had won in 1987 and 1992. Voter turnout was characteristically high at 96% with the Labour Party receiving 50.72%, the Nationalist part 47.8%, the Alternativa Demokratika (associated with the Greens) 1.46% and independent parties .02%. In 1998 the Labour Party lost a parliamentary vote, leading the Prime Minister to call early elections. The Nationalist Party was returned to office in September 1998 by a majority of 13,000 votes and holds a five-seat majority in Parliament. Voter turnout was 95%. The Nationalist Party won 51.81%, the Labour Party won 46.97%, Alternativa Demokratika 1.21% and independent parties .01%.
The Nationalist government elected in 1998 wrapped up negotiations for European Union membership by the end of 2002. A referendum on the issue was called in March 2003 for which the Nationalists and Alternattiva Demokratika asked for a "yes" vote while Labour asked its supporters to vote "no", invalidate their vote or abstain. Turnout was 91% with more than 53% voting "yes".
Labour did not recognise the result arguing that less than 50% of registered voters said "yes". Parliament was dissolved and fresh elections were called as a final word on the matter. The Nationalists were returned to office with 51.79% of the vote to Labour's 47.51%. Alternattiva Demokratika managed only 0.68% and no parliamentary seats. The Nationalists were thus able to form a government and sign and ratify the EU Accession Treaty.