The Malta Independent 5 August 2026, Wednesday
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Give the Constitution back to the people

Timothy Alden Sunday, 29 September 2019, 08:54 Last update: about 8 years ago

Politics is fraught with storms in teacups but, whether accidental or intentional, one must look beyond them. Away from the topical chit-chat, the real and pressing issues remain, undiminished in their gravity.

Constitutional reform is at risk of becoming constitutional deform; the democratic process is in danger of democratic regress and quality of life slides down the slope of mediocrity, people cheering as they go because money buys toys. What of environmental stewardship? All around us we see environmental mishap. There is rightly a global push to rename climate awareness to climate crisis. These are amongst the real issues, and our government's marketing budget cannot paper over them all.

The Constitutional Steering Committee’s first external meeting was with Partit Demokratiku. As a solid team including retired Lt Col. Martin Cauchi Inglott, Dr Anthony Buttigieg, Marcus Lauri and myself onboard, we made it clear from the beginning that what was needed was an open Constitutional Convention, rather than a team of politicians from both major political parties deciding what they want between themselves. It is not right to reform the Constitution behind closed doors. If we get this process right we can, as a nation, come together in peace and wisdom and heal the ills between us. It is a fantastic opportunity, and not one to be wasted. Touching the Constitution is not a partisan issue, but must be the highest duty in public service.

Under the new Presidency, the intention was signalled for a wider public consultation. The end result, however, is a website where people may publically submit suggestions, after which the proposals are to be analysed by a team of academics and experts. While it is admirable that every proposal submitted to the website is public, and it is a practical way of receiving wide input, this website must not be the only means of allowing a public contribution. It is a public consultation which most people are not even aware exists.

A true Constitutional Convention takes time, and a public forum where people from across society engage in lively debate. Such conventions have produced valuable constitutional documents in countries such as Ireland and Iceland, even when the political elite then disassociate themselves from the final product. If we want to adjust the Constitution in a way that people can trust and rally behind, then this process should not be dominated by politicians.

At the moment, the promise is that once the three-month window has elapsed to submit proposals online, then academics are to review the documents. The problem begins when we consider the fact that we do not know the terms or frame of reference under which these experts are going to be working. What are their instructions, exactly? Are they going to apply their own personal desires and interests to filter the documents in the process, or are they referring to a particular set of international guidelines for a better Constitution? Do they all agree on the way forward, and were they passed any instructions by the Steering Committee? Indeed, we know next to nothing.

This means that civil society must step in to take control of the process. We must not keep our heads bowed low while the reform of the Constitution takes place behind closed doors, while the majority of people are not aware of the existence of the website or when the deadline for submissions ends. Where are the public debates, where is the reaching out to all sectors of society, or the engagement? What are the terms of reference?

I call on the government to follow up this online consultation period with a real public outreach programme, and the Opposition must do the same. Our Constitution must not be up for grabs. It must be a source of unity and dialogue, a binding agreement for our society from the bottom up, not from the top down. The Maltese and Gozitan people deserve no less.

 

Timothy Alden is the Deputy Leader of Partit Demokratiku

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