Constituting Nationhood: Spiritualism, Language and Maltese Constitutionalism

Abstract

The Independence Constitution would ultimately be granted to Malta by the British Parliament in 1964. It remains in force today, though it has been subsequently amended numerous times. Written as part of an edited collection marking sixty years since Malta achieved independence from the British Empire, this essay delves into the journey of Maltese nationhood, which ran in parallel but also intermingled with the ebbs and flows of constitution and constitutionalism during the late British colonial period. Challenging contentions that Malta was, and is, a nationless state, it makes use of Maltese language and its literature to convey the nation’s vibrant and lucid spirit as well as its aspirations towards autonomy and independence.

Re-centring nation as a key protagonist in Maltese constitutional history, the Chapter demonstrates how the constitution was the nation’s guiding force and, though ultimately a flawed bargain, it remains a symbolic site of unity today. Contending with the legacies of its imperial past, and often using previously unearthed archival material, it engages in a re-reading of Maltese constitutional history; reckoning with the systemic and lasting impact this has had on Maltese constitutionalism and beyond. The Chapter calls for a change in the frames of reference deployed in the study of Maltese constitutionalism, making the case for deploying a critical agenda in wider studies in constitutional and comparative constitutional law.

Keywords: Nation, nationalism, national identity, state, statehood, coloniality, post-colonialism, decoloniality, neocolonialism, power, sovereignty, culture, constitutions, constitutionalism, Commonwealth, law and language, constitutional history, European constitutionalism, legal history, socio-legal