There would be no need for constitutional reform if Malta’s supreme law was respected, Judge Emeritus and constitutional expert Giovanni Bonello warned, pointing to autocratic countries like the USSR which held strong constitutions but did little to uphold them.

Speaking in an interview with Newsbook, Bonello explained that while a country could have a “perfect” constitution, the respect of its laws was of more importance.

Constitutional reform remains firmly in the government’s plans, with President George Vella leading the charge.

However, Bonello pointed out that at present laws found to have breached the constitution still remain very much in place even if it has been declared “null and void” by Malta’s constitutional court.

He explained that in Malta, the courts still wait upon politicians to draft changes to the law, even if the courts find the legislation to be unconstitutional.

Malta’s old rent laws, competition laws, and arbitration laws have all be found to be unconstitutional, but remain firmly in place.

This, Bonello explains, results in the same court cases being heard simply to yield the same result.

In fact, there was even a recent European judgement over pre-1995 lease agreements. However, the next case involving the issue will nevertheless have to go through the same legal process.

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