Module 1 (Topic 2)

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10 Questions

Which of the following organs of state has the power to enact laws?

Legislative

What is the purpose of constitutionalism?

To show government authority

What is the effect of the EU on the Maltese Constitution?

European law is superior to the law of Member States

What is the right to life guaranteed by the Maltese Constitution?

The right to a fair trial

Which of the following is NOT an organ of state in a constitutional system?

Monarchy

How can certain articles of the Maltese Constitution be amended?

By a two-thirds majority of the members of parliament

What is the purpose of courts of justice?

To ensure laws are not challenged

What is the right to security guaranteed by the Maltese Constitution?

The right to a fair trial

What is the right to liberty guaranteed by the Maltese Constitution?

The right to freedom of speech

What is the executive power of the prime minister and his cabinet?

To enforce laws

Study Notes

  • Constitutionalism is the principle behind the law (the constitution) that shows government authority and its limitations.
  • The three organs of state in a constitutional system are Legislative, Executive and Judicial.
  • Parliament has legislative power as it has the right to enact laws. Any law passed in parliament cannot go against the constitution.
  • The prime minister and his cabinet have executive power. In Malta the prime minister and his cabinet have executive roles.
  • Courts of justice are independent in all democratic countries (there is a civic court, a commercial court and a criminal court). They have judicial power.
  • Courts also have a duty to ensure that laws enacted by parliament do not challenge individual rights and freedom.
  • Constitutionalism is a key principle in the law of every country, and it helps to protect citizens' rights.
  • The Maltese Constitution guarantees human rights and freedoms to its citizens.
  • These rights include the right to life, liberty, security, and protection from the law.
  • Certain articles of the Maltese Constitution are entrenched, and may only be amended by a two-thirds majority of the members of parliament.
  • The effect of the EU on the Maltese Constitution is that when there is conflict between European law and the law of Member States, European law prevails.

This quiz will test your knowledge of the principles of constitutionalism. You will be asked about the three organs (any department of state or administration in the national, provincial or local sphere of government) of state in a constitutional system, the legislature, the executive, and the judiciary. You will also be asked about the duties of courts in a constitutional system.

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