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.


Comments

Popular posts from this blog

Shema Yisrael, the cries of the Palestinian people

You live a peaceful life in a modest home. You've never bothered anyone and you've never caused trouble. Out of the blues, a group of people claim that they should live in your house. Why? Because they have been persecuted in a war, and they claim that some 5,000 years ago, their God had told them your home was their promised land. Somehow, the whole community agrees with their wishes, and asks you to grant them your spare-bedroom. You oblige. After a few months, they take the whole top-floor. In a few year's time, they take over your kitchen. After a few more years, they own your house and keep you and your family locked in the bathroom. They don't even allow you to get out, while they strip-search you the few times they do. Even if it's a medical emergency. Sometimes not even medical personnel and ambulances are allowed to see to your needs while your children die in your hands. Desperation starts hitting you. Life seems to offer no hopes. In moments

The Great Energy Proposal

I followed the example of a facebook comment uploaded on another blog to work out the savings my household will make with Labour's energy proposals. Our bill for of €717.80 for 7 months is divided into: An electricity service charge of €36.86 Electricity consumption of €404.83 A water service charge of €33.46 Water consumption of €242.65 Through the new tariff scheme, reducing the electricity consumption bill by 25% and the water consumption bill by 5%, our bill will read: An electricity service charge of €36.86 Electricity consumption of €303.62 A water service charge of €33.46 Water consumption of €230.52 A total of €604.46 for the same 7 months. A reduction of €16.20 a month. But this reduction comes at what price? This grand plan, the one we have been expecting for all these years, will materialize  if  we find a private investor ready to fork out €500 million in capital investment,  if  we reach a 10-year fixed price agreement,  if we manage to b

Why I am dropping out of the Anti-ACTA protest

Like many avid internet users, I have followed with interest the debate about ACTA (Anti-Counterfeiting Trade Agreement). After reading numerous articles, watched sensational videos, and discussed ad nauseam with friends, I have realized that what I have come across is a campaign hi-jacked by lies, myths and misconceptions as to rival Malta's misinformed divorce referendum campaign. I have to say that the videos on Youtube   got me worried. I quickly signed the petition, joined the Anti-ACTA groups, and prepared myself for a full-blown fight against the big-governments who want to intrude on our privacy and freedom of expression. Like our MEP Edward Scicluna invited us to do in the University debate last Wednesday, I did not try to understand the details of ACTA but rather saw who the players behind it were. But as usual, my logical instincts took over, and his call to not try to understand ACTA actually pushed me to read the text. And here's what I now know: ACTA is