A referendum on Constitutional reform is not a legal necessity according to Constitutional lawyer Austin Bencini.
“The Constitution does not envisage a referendum for the purpose of Constitutional reform. A two-thirds majority in parliament is necessary in order to amend the Constitution,” Dr Bencini said.
“The only situation where a referendum is necessary is if parliament were to decide to increase the length of the legislature from five years to seven for example.”
Any referendum held would therefore be purely consultative. Dr Bencini likened the situation to that of the divorce referendum.
“A consultative referendum was held for the introduction of divorce in Malta. Although the result was not legally binding, it was taken to be morally binding.”
Dr Bencini expressed himself to be in favour of a consultative referendum, saying that “parliament should consult the people.”