Prologue

The world is divided into States, and within each and every State people live, whose lives are controlled by their respective governments and regulated by their prevaling legal systems. The contemporary understanding of statehood, is that Sun Kings are no longer acceptable. Top priority of every State should be to devise and implement a system where laws rule, and not men. The authors of this policy paper lay emphasis on the fact that the Rule of Law requires ‘a well ordered constitution’ (Adams J., 1788, A defence of the constitutions of government of the USA, VOL III, London) which includes a representative government, and an effective separation of powers. In this policy paper, we are treated to a taste of how a number of different countries went about meeting these requirements, always with a view to upholding the Rule of Law. There is no ‘one size fits all’ formula, but there is always room to learn from other Nations. The focus then turns to Malta and our own Constitution, which may be criticised as rather outdated, and has long been touted for change, but which overall has served our Nation well.

We have enjoyed continuous relative prosperity, and stability, both political and economic. Malta has developed consid- 5

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erably since gaining independence from Britain in 1964. This is thanks not only to the Maltese people who have proven to be extremely hard working and dexterous, but no doubt to successive governments which while never perfect (perfection not being a human trait) have overall steered the country in a satisfactory manner. This would not have happened without a solid legal foundation, this being our 1964 Independence Constitution. Emphasis is made in this Policy Paper, on improving the formalisms of the Rule of Law, by introducing amendments in the Constitution, such as the manner in which certain appointments are made (to name but one). This is all extremelly valid, and the authors of this Policy Paper are to be commended for the effort and initiative, tackling such a vast and multi-faceted topic. In particular they are to be commended for emphasising on the importance of minority rights; a tyranny of the majority in which dissenters are crushed, is no more conducive to the Rule of Law than the Sun King of old was in his day. The ultimate goal must be the creation of a system which serves the common, public interest, from which every member of society benefits, nobody is left behind, and everybody prospers. I would like to thank GħSL and all those who contributed in this publication for their sterilng work.

Best Regards,

DR IVAN MIFSUD DEPUTY DEAN Faculty of Laws