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Malta

Republic of Malta

Mixed (civil and common law)Unitary parliamentary republicReviewed· 2026-08-02
Capital
Valletta
Population
540,000
Languages
Maltese, English
Currency
EUR
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Malta · Rights

Rights in Malta

What the atlas records on rights in Malta, checked against the primary sources cited below.

Rights

A 1964 Constitution, entrenched rights and a mixed legal tradition

Reviewed· 2026-08-02

Malta is a parliamentary republic under the 1964 Constitution, which is the supreme law and entrenches fundamental rights. The system mixes a Continental civil code with English-derived public law, procedure and commercial statutes.

Key rules

  • The Constitution is supreme, and inconsistent laws are void to the extent of the inconsistency.
  • The Constitutional Court hears appeals on constitutional and human-rights questions.
  • Some constitutional provisions are entrenched and require special majorities to amend.

Governing law

  • Constitution of Malta (1964)

In practice

Because both English and Maltese are official, statutes exist in both languages; the Maltese text prevails in case of conflict for most modern laws.

Sources

Rights

Constitutional rights plus the ECHR incorporated by statute

Reviewed· 2026-08-02

Fundamental rights are protected both by Chapter IV of the Constitution and by the European Convention Act, which incorporates the ECHR into Maltese law. Claims start in the First Hall of the Civil Court in its constitutional jurisdiction.

Key rules

  • The European Convention Act gives the ECHR direct effect in Maltese law.
  • Constitutional and human-rights claims are heard first by the First Hall, Civil Court.
  • Appeal from that court lies to the Constitutional Court.

Governing law

  • Constitution of Malta, Chapter IV (1964)
  • European Convention Act (Cap. 319)

In practice

Because the ECHR is incorporated, a claimant can plead Convention rights and constitutional rights in the same action.

Sources

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