Church and State Relations in the Constitution of Malta
DOI:
https://doi.org/10.15633/ps.2505Keywords:
Church-State relations, Malta, freedom of conscience and worship, Canon Law influences on Maltese LawAbstract
This paper discussed the relationship between the Catholic Church and the State of Malta as evidenced primarily in the Constitution of Malta and secondarily in other Constitutional Laws. It is noted that the Roman Catholic Apostolic Religion is the national religion of Malta. Malta is a confessional state which respects freedom of conscious and worship and all other religions and cults are protected by law. It considers other instances, such as the instructions of children in state schools in the Catholic religion and the influence of the Catholic Church on the state. However, lately, the relationship between the Church and the State has suffered as the state is becoming more liberal in orientation as evidenced by the enactment of laws which do not comply with the Catholic teaching of the Church’s magisterium. Hence, this opens different challenges to the Catholic Church in Malta not hitherto known to it.
References
Agius E., Co-operation in Marriage-Related Legislation, “Melita Theologica” Vol. 65, No. 2, 2015, pp. 27–51.
Anon, The Jerusalem Bible, London 1966.
Aquilina K. Religion needs protection, “The Times of Malta” 22 July, 2015, p. 22.
Aquilina K. Guardian of the Constitution, “The Times of Malta” 28 September 2015, p. 16.
Aquilina K. Retain vilification law, “The Times of Malta” 6 October 2015, p. 14.
Archdiocese of Malta, Position paper on the Decriminalisation of the Public Vilification of Religion and Pornography, Conferentia Episcopalis Meliensis, Floriana 7 August 2015.
Basile F., A Cinque Anni della riforma dei reati in materia di religione: un commento teorico-
-pratico degli artt. 403, 404 e 405 c.p., in: Stato, Chiesa e pluralismo confessionale, May 2011, available at: www.statochiesa.it (28.11.2017).
Beal J. P., Coriden J. A., Green T. J., New Commentary on the Code of Canon Law, New York 2000.
Bonnici A., History of the Church in Malta, Vol. 3, Period 4 – 1800–1975, Zabbar 1975.
Borg A. The Question of Mixed Marriages in Malta, Msida 1969.
Bouscaren T. L., Ellis A. C., Canon Law: A Text and Commentary (third revised edition), Milwaukee 1957.
Buttigieg C., Mikiel Gonzi: Ħamsin Sena fit-Tmum, Klabb Kotba Maltin 2015.
Catania C., Strickland, Britain and the Vatican 1929–1932, Ħamrun 2011.
Conferentia Episcopalis Melitensis, Legislation Regulating Assisted Human Procreation: A Position Paper, Archbishop’s Curia Floriana, November 2015.
DeGiorgio G. E., Church and State in Malta, “Scientia” Volume 14, Apr.–Jun. 1948, pp. 57–66 and Volume 14, Jul.–Sept. 1948, pp. 128–143.
Ellul O. P., Fr J. The Catholic Identity of Malta after Ten Years of Membership in the European Union: Challenges and Prospects, “Reflections on a Decade of EU Membership: Expectations, Reflections, Achievements, Disappointments, The Future”. Occasional Paper 02/2004, Institute for European Studies, University of Malta, Msida 2014.
Ganado J. M., Malta: A Microcosm of International Influences, in: Studies in Legal Systems: Mixed and Mixing, eds. E. Örücü, E. Attwooll, S. Coyle, The Hague 1996, pp. 234–235.
Herrera J. A., Crimes Against the Religious Sentiment, LL.D. thesis, Faculty of Laws, University of Malta, Msida 1958.
House of Commons Parliamentary Papers, Papers Relating to the New Constitution of Malta, His Majesty’s Stationery Office, London 1921 [1921], Cmd. 1321.
Mangion R., Aspects on forces of influence by persons and groups under Malta’s first responsible government, in: The Quest for Authenticity and Human Dignity, Melita Theologica, eds. E. Agius, H. Scerri, Msida 2015 (Supplementary Series, 6).
Mercieca Sir A., Stato e Chiesa in Malta: Nomina dei Vescovi, “Archivio Storico di Malta” Volume 7, 1935–1936, pp. 87–92.
Micallef D., 1921 A Landmark in Maltese Political History, Msida 1978.
Micallef D., 1921: Electoral Issues, “Hyphen – A Journal published by the Lyceum” Vol. II, No. 4, 1980, pp. 158–168.
Mintoff D., Priests and Politics in Malta: A Brief Analysis, in: Mintoff: il-bniedem u l-istorja, ed. M. Cutajar, Pubblikazzjonijiet SKS 2012, pp. 246–252.
Mizzi E., Malta in the Making 1962–1987: An Eyewitness Account, Malta 1995.
Refalo I., Constitutional Change in Malta, in: Office of the President, The President’s Forum: Does Malta’s Constitution Still Cater for the People’s Needs, Valletta 2013, p. 74.
Robinson, O. F., Fergus, T. D., and Gordon, W. M. European Legal History, second edition, London 1994.
Scerri O. P. Fr. D., The Saga of the Church Schools in Malta (1970–1986): A Historical Portrayal of Events, Valletta 2000.
Scicluna C. J., Religion and the 1921 Constitution: Genesis and Implications, Licentiate in Sacred Theology, Faculty of Theology, University of Malta, Rabat, October 1988.
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