A Priori Control of Constitutionality in Timor-Leste

Abstract

The Timorese Constitution provides for a mixed system of constitutional control that includes a preventive or a priori review, similar to what happens in other Portuguese-speaking countries. The procedural assumptions for preventive control adopted by the Constitution point to a restrictive characterization of the institute, especially regarding the object and control parameters, which constitutional jurisprudence has, however, sought to make more flexible. The possibility of parliamentary confirmation and consequent mandatory promulgation of statutes subject to a ruling of unconstitutionality translates into self-derogation from the principle of constitutionality without reasonable grounds and with uncertain practical effects.

Keywords: Timor-Leste, Constitutional control, A priori review of constitutionality

JEL Classification: K10, K15, K33