The Perils of Positivist Thinking in Public Law

This contribution examines the perils encountered in Maltese jurisprudence in the past fifty-five years since Independence , of giving too literal interpretation to constitutional provisions, creating problems and bizarre decisions in the process . The most serious incident in this regard was the disregard of constitutional supremacy in 1974 by amending the supremacy clause in Malta’s Constitution. The author examines several Maltese cases underlining the faults in, and perils of, such thinking.