Skip to main content

The President's abrogated duty



Due to the highly ceremonial role it occupies, we tend to see the President as simply a figurehead with no functional duties except for fund-raising, and forget that there are a few but very important responsibilities assigned by our Constitution and our Laws on the officeholder.

One of which is the leading role the President as Head of State occupies when an abrogative referendum is called by the people.

Our Parliament in 1996 included a major civil right by allowing the people themselves to ask for a particular legislation to be put to vote through a referendum, a referendum which bypasses both Parliament and Government and which has the power to abrogate that particular law through a majority vote, given that 50% of the electorate cast a valid vote.

The whole point of this right is that it allows the people to take matters into their own hands when they feel that Parliament and Government have not acted according to what they want.

The law makes it clear that since political parties and elected representatives are being bypassed, the people are directly asking the Head of State themselves to abrogate that particular law, and the matter lies solely between the people and the President.

It therefore makes it clear in article 18 (2) of the Referenda Act (Ch 237) that:
"Where the Constitutional Court has decided that a referendum may be held, the President shall fix a day for it, being a date not earlier than three months and not later than six months after the copy of the decision of the Constitutional Court shall have been delivered to the President in accordance with subarticle (1), and the President shall issue a writ in accordance with this Act accordingly."

It was therefore expected that once the verdict of the Constitutional Court was delivered, the Office of the President would have been issuing a release declaring the date set for voting.

Instead, we were faced with pompous Joseph Muscat once again interfering in matters where he should not, deciding a date to serve his political purposes and telling his flock how he wants them to vote.

And where is our Head of State, to whom the signatories made their call? These are the occasions by which we can judge if a President has risen up to his or her role, and not by how much money she manages to collect in l-Istrina. Unfortunately she has utterly failed the test. Because the President's primary role is as guardian of the Constitution and upholder of our laws, and not as chief fundraiser, which noble as may be the cause, is just a side-effect and not the main reason of what her office is there for.


Popular posts from this blog

Daphne ma nqatlitx ilbieraħ

Daphne ma nqatlitx ilbieraħ.
Daphne inqatlet meta esponiet traffikanti tad-droga, bil-provi u bir-ritratti tagħhom, u dawn flok ġew arrestati sabu Gvern jgħattilhom. Għax il-papa kien midħla tal-Partit. Għax kien ħabib tal-Ministru.
Daphne inqatlet meta esponiet korruzzjoni fil-Korp tal-Pulizija, meta esponiet spetturi u kuntistabbli li kienu kompliċi mal-kriminali, u dawn flok tkeċċew sabu Gvern li jtihom il-promotions. Anzi, min minnhom kien laħaq tkeċċa qabel, sab Gvern li reġa' daħħlu lura.
Daphne inqatlet meta esponiet bil-provi każi ta' ħasil ta' flus fuq livell internazzjonali, minn reġimi dittatorjali, u l-Kummissarju, l-Avukat Ġenerali, u l-politiċi tagħna, flok ħadu passi raw kif għamlu biex l-evidenza tinqered jew titħalla taħrab.
Daphne inqatlet meta l-Avukat Ġenerali u tliet Kummissarji tal-Pulizija in fila, raw quddiemhom il-provi ta' kriminalita' organizzata min-nies fil-poter, u għalqu ħalqhom u m'għamlu xejn.
Daphne inqatlet meta l-politiċi tagħna ħ…

Daphne wasn't murdered yesterday

English translation of this original blogpost in Maltese.
Daphne wasn't murdered yesterday.
Daphne was murdered when she exposed drug traffickers, with photographs and evidence, and instead of being arrested they found a government ready to cover up for them. Because their daddy was into the Party's circle. Because he was a friend of the Minister.
Daphne was murdered when she exposed corruption in the higher echelons of the Police Force, when she exposed inspectors and police officers involved in criminal circles, and rather than seeing action being taken we saw a government rewarding them with promotions. And re-instating those who had been expelled in the preceding years.
Daphne was murdered when she exposed cases of money-laundering on an international level, involving high-profile politicians from dictatorial regimes, and our Police Commissioner, Attorney General and politicians, failed to take action. Rather, they sought to ensure these crimes were covered up and the evidence…

Tiġdid

Ir-riżultat ta’ l-elezzjoni ġenerali żgur li ħasad lil ħafna minna. Żgur li ħadd ma kien qed jistennieh u żgur li ħadd ma bassru. Dan għax ir-reazzjoni li kull kandidat kien qed jieħu miż-żjarat fid-djar tan-nies kienu tajbin ħafna. Diversi nies bdew jesprimu li ġejjin lura. Diversi nies li s-soltu kienu jivvutaw lill-Partit Laburista esprimew magħna li kienu diżgustati bil-korruzzjoni. U allura x’wassal biex id-distakk bejn iż-żewġ partiti baqa’ fejn kien?
Fi ftit kliem naħseb li waqt li diversi nies kienu ġejjin lura lejn il-Partit Nazzjonalista, ma konniex qed nirrealizzaw li kien hemm oħrajn li kienu qed jitilquh. Min għax sab Gvern li kien lest jirranġalu l-permess, il-promotion jew il-job illi l-Partit Nazzjonalista qatt ma għenu fih. U min għax ħass li l-ekonomija u l-but kienu sejrin tajjeb, u allura ma kellux skop għala kellu jbiddel il-Gvern.
Hu x’inhu, dan ir-riżultat ħa jirrekjedi tibdil radikali fil-Partit Nazzjonalista. Fl-istrateġija, fil-lingwaġġ, fl-uċuħ. Pero’ l-valuri…