Updated | Former US ambassador calls for reference of 'creator' in Constitution

The second edition of the President's forum on constitutional reform kicked off this morning at the Palace in Valletta.  The forum's chairman John C. Grech introduced the discussion and said that the people and not the constitution are supreme and sovereign. He added that the constitution should be changed to keep up with changes in Maltese society.

The only foreign speaker invited to address the forum, former US Ambassador Douglas Kmiec suggested that the Maltese constitution should include a direct reference and acknowledgement of 'the creator'.

Kmiec also suggested that the constitution's text should be shorter than it currently is, because “the more words you have, more mischief is invited. The words that you leave in the Constitution should describe the best picture of the people in 2012.”

A staunch Catholic, Douglas Kmiec, discussed whether Malta's constitution should be modelled on the US constitution.

He suggested to introduce a preamble of the principles that guide the republic in the Maltese Constitution. Kmiec explained that the Constitution should include mentions of the country's commitment to faith, family, human labour and neutrality.

The President of the Republic, George Abela was the first to address the participants and his first thoughts went to Fr Peter Serracino Inglott who passed away earlier this year. Abela expressed his regret that Serracino inglott could not be present but however said that the forum was inspired by the thoughts of the former University of Malta rector.

Abela then posed a number of questions which he said are intended to provoke a discussion on constitutional reform.

The President stressed that the main points of contention in the Maltese Constitution are electoral reform and the broadcasting authority.

"The Constitution is alive and cannot remain still and static and I also believe that a wide consensus exists on the need to change the Constitution," Abela said.

Quoting war-time British Prime Minister Winston Churchill, the President said "Democracy is the worst form of government, except for all those other forms that have been tried from time to time."

He asked whether the bi-partisan system has become permanent and whether the electoral system should be more representative. Abela also asked whether the President of the Malta should be elected differently and whether more powers should be vested to the presidency.

Other speakers include academics from the University of Malta Dominic Fenech, Roderick Pace, Ian Refalo and Stefano Mallia.

Fenech and Pace addressed the problems and possible solutions to make the Maltese electoral system more representative while ensuring that stability is maintained.

Pace questioned whether the present electoral system is as proportional as it is believed to be, especially in the aftermath of constitutional tweaks undertaken in recent years.

Constitutional lawyer Ian Refalo stressed the need to achieve a balance of powers between the legislative, executive and judiciary.

Asked whether the Constitution should be amended to allow Presidents to stay on for one more than one term, Refalo said that "it all depends on what kind of presidency we are looking at." He explained that this will also require a review of the role of political parties. "Although it is understandable that both parties will resist change, the people remain sovereign."

He said that the electoral system is important but is not the only determining factor in having just two parties in Parliament. "Italy has a system that should favour a bi-partisan system but in fact a multi-party system exists. This is because it also depends on how strong the parties are and how they use their power."

Refalo said that one of the misgivings of the Maltese Constitution is a lack of proper consultation with the people which was inherited from the British system. He added that the Constitution should include other forms of referenda.

The speakers' addresses will be followed by an open debate. Members of Parliament, academics, journalists, lawyers and representatives of civil society are among the guests present at the forum.