Comments on: Looks like some people don’t yet know that only abrogative referendums can be forced by popular petition

By: V Zammit

V Zammit — Sun, 15 Mar 2015 20:13:00 +0000

Perhaps you’re right. But even in the UK the press does sometimes come against a brick wall.

Think about the controversial inquiry into the death of David Kelly, and the Chilcot report on the Iraq war which latter will not be published at least for the time being.

Deep down I was swayed in my point about the Westminster model to something more basic in a democracy, which I think the British have managed to balance adroitly about power separation, whereas here that fine tuning is lacking.

But lest we digress, the issue is whether a popular petition may precipitate an abrogative referendum. I think it can provided that is not prohibited by law.

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sun, 15 Mar 2015 18:56:00 +0000

In reply to Wacko. Well, no, sorry - actually it's referendums.

By: H.P. Baxxter

H.P. Baxxter — Sun, 15 Mar 2015 18:52:00 +0000

I think you misunderstood my comment on the Westminster model.

I meant that here in Malta, we claim to have Westminster-type democracy but we don’t.

If we did, there would be press scrutiny on secret and not-secret-but-not-publicised treaties signed by the Maltese government. And on legal notices too, which do not require a parliamentary vote.

Question to lawyers: can you have an abrogative referendum on a legal notice?

Just look at the obscenity that is Henley&Partners passport sales scheme. Not so much as a whimper from the Opposition.

By: Wacko

Wacko — Sun, 15 Mar 2015 18:37:00 +0000

Plural of “referendum” is “referenda”.

By: V Zammit

V Zammit — Sun, 15 Mar 2015 08:07:00 +0000

In reply to Daphne Caruana Galizia. An abrogative referendum may be called by popular petition because it allows people to abrogate legislation. Here neither the government nor the people can vote Malta out of the EU unless our law (not the UK's) is changed.

By: thealley

thealley — Sat, 14 Mar 2015 21:08:00 +0000

In reply to Scarlett73. Not sure about that "is not stupid", though...

By: Daphne Caruana Galizia

Daphne Caruana Galizia — Sat, 14 Mar 2015 20:40:00 +0000

Yes, the UK will have one, brought by the government, just like our own referendum to JOIN the European Union.

We are talking about an abrogative referendum here, which is the only sort that can be brought by popular petition.

The government can call a referendum on leaving the European Union, but the people cannot do so by popular petition.

By: Antoine Vella

Antoine Vella — Sat, 14 Mar 2015 20:24:00 +0000

International treaties cannot be abrogated by a referendum.

“Fiscal measures, the Constitution, international treaties, electoral legislation, referendum legislation and issues of human rights are matters that cannot be subjected to a referendum.”

http://www.independent.com.mt/articles/2015-01-11/blogs-opinions/Celebrating-democracy-6736128467

By: Scarlett73

Scarlett73 — Sat, 14 Mar 2015 17:51:00 +0000

Joseph Muscat is not stupid. He won’t allow that because he knows that the Nationalist Party is on life support right now.

If that happens the Nationalist Party will be revived because he will have a new purpose and battle cry.

By: Wheels Within Wheels

Wheels Within Wheels — Sat, 14 Mar 2015 17:35:00 +0000

Let them do it and waste their energies on that. It will be hilarious to see it blow up in their face when they realise that they cannot force a referendum.