There is no provision in the Constitution of Malta referring to, let alone setting out the role of, a caretaker government. However, it can safely be stated that a constitutional convention has emerged and has been observed since Independence, to the effect that when Parliament is dissolved and a general election is called, a caretaker government comes into being.
This is because with the dissolution of Parliament, the executive is no longer responsible to Parliament and the provision in article 79(2) of the Constitution that states that Cabinet ‘”shall be collectively responsible therefor to Parliament” comes to naught.
To a certain extent the caretaker government convention can be considered to be a corollary principle to the doctrine of collective ministerial responsibility. Once a general election brings with it a change of government, the incumbent government assumes the role of a caretaker government. This means that no decisions should be taken in the interregnum between a dissolution of Parliament and the formation of a new Cabinet which would bind a new Cabinet in a way that the latter would not be able to undo such a measure.
For instance, a vacancy might arise within...
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