The supremacy of the Constitution of
Malta is declared in Article 6 of the constitutional text. This article
examines the effects of this clause, exploring its limitations, and the way in
which it has been treated by politicians and judges. It is critical of the way
in which the clause seeks to secure the supremacy of the Constitution, arguing
that its easy alteration and manipulation compromise its effect, undermining
the Constitution. Concern for the way in which the Constitutional Court defers
to Parliament on whether unconstitutional laws should be repealed is also a
factor, such restraint meaning that the Constitution lacks protection. On the strength
of these concerns, the article discusses ways in which the supremacy of the
Maltese Constitution might be strengthened, drawing from established literature
to explore possible amendments, and considering the ways in which the
composition of the Constitutional Court might be increased and enhanced.