Saturday, September 15, 2018

How would democracy be affected if a political party has a two-thirds parliamentary majority? Michael Briguglio

Question Time: Times of Malta 15th September 2018

The most obvious powers that a political party will have if it obtains two-thirds parliamentary majority relate to constitutional change. The governing party will be able to change this national pact in ways which it deems fit, and the parliamentary opposition will have basically no way to stop the process.
The Constitution of Malta extensively covers various aspects of social life in the country, from language to the right to work, from the promotion of culture to the safeguarding of landscape, from compulsory and free primary education to the rights of women workers and minors, from social assistance to private enterprise, from citizenship to the powers of parliament, from fundamental rights to the powers of the executive and the judiciary, and from public finance to the civil service. Just imagine what powers a party would have if it could change the Constitution at its whim, courtesy of a two-thirds parliamentary majority.
Two-thirds parliamentary majority can also grant the governing party the authority to appoint the Auditor General and the Ombudsman of its choice, and yet again the Opposition’s voice would be legally powerless. Given that these two important roles exist precisely to scrutinise government’s operations, a two-thirds parliamentary majority can grant government the authority to appoint partisan loyalists instead of independent and authoritative figures.
One can argue that if a political party gains a two-thirds parliamentary majority, it is only fair that it could have the power to change the Constitution and appoint such key persons without consulting the Opposition, let alone civil society. The argument goes that numbers speak for themselves and that voters would have entrusted the party in question to carry out such changes.
In a way, this argument is logically correct, but before rushing to enthusiastically embrace it, I recommend that one should reflect on its implications. A two-thirds parliamentary majority can result in Malta moving away from the values, norms and laws of Western liberal democracies towards illiberal democracies where winners take all, where parliamentary opposition is effectively powerless and where civil society is suffocated.
Malta’s independence, status of republic and EU membership were historic dates which helped the country move towards western liberal democracy: This is not just about electing a government. It is about basic individual rights, checks and balances, free press, a vibrant civil society, minority rights, rule of law and the separation of power away from a monolithic top-down structure.
In the past years, Malta was also within the process of discussing constitutional reform, though this seems to have stalled. In this regard, Giovanni Bonello, a constitutional expert and a former member of the European Court of Human Rights argues that if anything Malta needs to give more authority to its Constitution and less to Parliament, to safeguard the rights mentioned above and spare Maltese society from despotic leaders. He argues that Malta’s constitutional court seems to accept that Parliament, rather than the Constitution, holds supreme power in Malta. Hence, this calls for a reform which reverses the situation.
If Malta wants to retain its status as a western liberal democracy, such authoritative warnings should be given due respect, and we should ensure that no party would ever have the opportunity to change the Constitution at its whim. History teaches us that the more power is centralised, the bigger the incentives for ruling elites to retain it. This also includes benevolent authoritarians who ultimately resort to tyranny and repression. And when we do not learn the lessons of history we may be susceptible to repeat them.
Ultimately, it is the voter who has the power to steer Malta’s direction. At the same time, it is the duty of political parties, civil society, the media and the educational system to help voters reflect on rights and responsibilities within the political system.