Timor-Leste 2002 Constitution

PART VI. GUARANTEE AND REVISION OF THE CONSTITUTION

TITLE I. GUARANTEE OF THE CONSTITUTION

Article 149. Anticipatory Review (fiscalização preventiva) of Constitutionality

1. The President of the Republic may request the Supreme Court of Justice to undertake an anticipatory review of the constitutionality of any bill submitted to him or her for promulgation.
2. The preventive review of the constitutionality may be requested within twenty days from the date on which the bill is received, and the Supreme Court of Justice shall hand down its ruling within twenty-five days, a time limit that may be reduced by the President of the Republic for reasons of urgency.
3. If the Supreme Court of Justice rules that the statute is unconstitutional, the President of the Republic shall send a copy of the ruling within twenty-five days, a time limit that may be reduced by the President of the Republic for reasons of urgency.
4. The veto for unconstitutionality of a bill from the National Parliament that has been submitted for promulgation can be circumvented under Article 88, with the necessary adaptations.

Article 150. Abstract Review of Constitutionality

A declaration of unconstitutionality may be requested by:

1. the President of the Republic;
2. the President of the National Parliament;
3. the Prosecutor-General, based on the refusal by the courts, in three concrete cases, to apply a statute deemed unconstitutional;
4. the Prime Minister;
5. one-fifth of the Members of the National Parliament;
6. the Ombudsman (Provedor).

Article 151. Unconstitutionality by Omission

The President of the Republic, the Prosecutor-General and the Ombudsman may request the Supreme Court of Justice to review the unconstitutionality by omission of any legislative measures deemed necessary for the implementation of the constitutional norms.

Article 152. Appeals on Constitutionality

1. The Supreme Court of Justice has jurisdiction to hear appeals against any of the following court decisions:
   1. decisions refusing to apply a legal rule on the grounds of unconstitutionality;
   2. decisions applying a legal rule the constitutionality of which was challenged during the proceedings.
2. An appeal under paragraph (1) (b) above may be brought only by the party who raised the question of unconstitutionality.
3. The law regulates the regime for filing appeals.

Article 153. Decisions of the Supreme Court of Justice

The decisions of the Supreme Court of Justice shall not be appealable and shall be published in the official gazette, and have a general binding effect on processes of abstract and concrete monitoring, when dealing with unconstitutionality.

TITLE II. CONSTITUTIONAL REVISION

Article 154. Initiative and Time of Revision

1. The initiative for constitutional revision is incumbent upon the Members of Parliament and the Parliamentary Groups.
2. The National Parliament may revise the Constitution after six years have elapsed since the last date of publication of the last law revising the Constitution was published.
3. The period of six years for the first constitutional review is counted from the day the present Constitution enters into force.
4. The National Parliament, regardless of any time frame, can take on powers to revise the Constitution by a majority of four-fifths of the Members of Parliament in full exercise of their functions.
5. Proposals for revision must be deposited with the National Parliament one hundred and twenty days prior to the date of the commencement of the debate.
6. After submission of a proposal for constitutional revision under the terms of number 5 above, any other proposal shall be submitted within thirty days.

Article 155. Approval and Promulgation

1. Amendments to the Constitution shall be approved by a majority of two-thirds of the Members of Parliament in full exercise of their functions.
2. The new text of the Constitution shall be published together with the revision law.
3. The President of the Republic shall not refuse to promulgate a revision law.

Article 156. Limits on Matters of Revision

1. Laws revising the Constitution shall respect:
   1. national independence and unity of the State;
   2. the rights, freedoms and guarantees of citizens;
   3. the republican form of government;
   4. the separation of powers;
   5. the independence of the courts;
   6. the multi-party system and the right of democratic opposition;
   7. the free, universal, direct, secret and regular suffrage of the office holders of the organs of sovereignty, as well as the system of proportional representation;
   8. the principle of administrative deconcentration and decentralization;
   9. the National Flag;
   10. the date of proclamation of national independence.
2. Matters contained in paragraphs c) and i) may be reviewed through a national referendum, in accordance with the law.

Article 157. Limits on Time of Revision

No action may be taken to revise the Constitution during a state of siege or a state of emergency.