How Abela intends dismantling our already weak system of checks and balances | Carmel Asciak

The rule of law is defined as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. As distinct from the animal kingdom, where survival of the fittest is the name of the game, the rule of law should reign within a human society. Since the very earliest civilisations, man has found it necessary to establish rules that govern the behaviour of individuals, so that humans could co-exist in harmony.

Eventually, the Code of Hammurabi (circa 1754 BCE), one of the most famous ancient legal systems, established its ‘eye for an eye’ principle and introduced the idea of laws being written down and publicly accessible. In the Middle Ages, the Magna Carta (1215) introduced the idea that even rulers must follow the law, placing limits on absolute power.

The rule of law: A pillar of democracy

The rule of law ensures that leaders cannot act arbitrarily but must operate within the bounds of pre-established legal frameworks. This principle protects citizens from the abuse of power and guarantees equal treatment before the law. Robert Abela is playing about with this principle.

In 2010, following the Price Club Supermarket debacle, directors of commercial companies and their company were made to be held jointly and severally criminally liable for wrongful trading. Robert Abela is now doing the opposite with regards to civil servants. If one is personally liable in private industry, how much more so should a prime minister and his Cabinet be held accountable for their actions or inactions? Or is the plundering of public funds no longer a crime?

The rule of law is the cornerstone of stable governance. Societies have recognised the need to limit the power of rulers and protect individual rights. Today, this principle manifests itself in constitutions, legal statutes, and independent judiciaries, all designed to hold the executive accountable.

Checks and balances: The framework of accountability

For the executive branch, checks and balances are particularly crucial. Presidents, prime ministers, and other heads of state often wield significant authority, including control over the military, law enforcement, and foreign affairs. Without oversight, these powers could easily lead to overreach.

The legislative branch (parliament) plays a critical role in this system. By passing laws, approving budgets, and overseeing the implementation of policies, legislatures ensure that the executive remains within its constitutional limits. Additionally, parliamentary inquiries can investigate potential misconduct, keeping the executive transparent and accountable.

In democratic societies the judiciary also serves as a key check on the executive. Courts can review executive actions, ensuring they comply with constitutional and legal standards.

Robert Abela is doing all he can to try and diminish the powers of the judiciary and of public scrutiny. He has fought tooth and nail against public inquiries on the Miriam Pace and Jean Paul Sofia tragedies. Now, he is proposing amendments to curtail citizens’ rights to ask for magisterial inquiries.

Contemporary challenges

Corruption is a serious threat to the rule of law. When executives manipulate legal systems for personal or political gain, they undermine public confidence in governance. To combat this, strong institutions, including anti-corruption agencies, independent media, and civil society, must work together to hold leaders accountable.

To ensure that the rule of law and checks and balances remain robust, reforms and vigilance are essential. Strengthening institutions, ensuring judicial independence, and fostering an informed citizenry are crucial steps.

Judicial independence, in particular, is vital. Courts must operate free from political interference, enabling them to impartially adjudicate disputes and review executive actions. Similarly, legislatures must have the resources and authority to scrutinise executive decisions effectively.

Transparency in government actions and spending is essential. Social media platforms provide citizens with avenues to voice concerns, but they can also serve as a means for spreading misinformation and propaganda.

The role of civil society

Civil society organisations, journalists, and activists are indispensable allies in upholding the rule of law. By monitoring government actions, exposing abuses, and advocating for reforms, they complement institutional checks and balances. Public participation in governance through voting, protests, and civic engagement further reinforce checks and balances.

The principles of the rule of law and checks and balances underpin efforts to combat authoritarianism, corruption, and injustice and strengthen good governance.

The rule of law and checks and balances are more than theoretical concepts; they are the guardians of freedom, justice, and democracy. By upholding them, societies can ensure that their executives serve the people, not the other way around.

If our government persists in its undemocratic actions, we might as well consider withdrawing Malta's Constitution to formally turn it into a state dictatorship.

We, at Momentum, are committed to ensuring that such attempts by Robert Abela at undermining the sacrosanct rights of citizens will not go through.

Carmel Asciak is a retired banker and treasurer of Momentum