THE JURISDICTION OF THE COURT OF APPEAL (SUPREME COURT OF JUSTICE) IN THE TIMOR-LESTE LEGAL SYSTEM (2023).

Research Article


Abstract views: 45 / PDF downloads: 20

Authors

  • Alexandre Gentil Corte-Real de Araújo

DOI:

https://doi.org/10.58372/2835-6276.1107

Keywords:

Jurisdictional Jurisdiction Request, Supreme Court of Justice and Legal Order

Abstract

Introduction: Art. 118.In the Constitution of the Democratic Republic of Timor-Leste, the Courts are explicitly presented as "organs of sovereignty", in article 67. That of the CRDTL, the courts should be considered as holders of the power independent of the Government in their own right. The basic function of the courts is to preserve the rule of law. It is the function of the judiciary to apply and interpret laws in order to resolve disputes that may arise under it. Judicial decisions have to be considered as binding and sufficient in their own right in the practice of implementing the court of appeal.

Objectives: To introduce citizens that our countries do not yet have the supreme court, but the law is allowing it to exist in the future, in accordance with paragraph 1(a). Article 123.  the CRDTL and to better introduce under the competence and function of the courts that exist in Timor-Leste, namely the competence of the supreme court of justice that the laws are assigned, and will also help the citizens begin to have knowledge of each organ of sovereignty.

Methodology: We use the literature review method or deductive methodology, the reading references of the authors of the books in the library, scientific journals, research in the field, through the internet and the ideas, opinions of our jurist in the implementation.

Conclusion: Citizens can better understand the many decisions that are normally given by the appellate court in its capacity as supreme court of justice in its subject matter in the context in which citizens file the appeal to the court of appeal. In Timor-Leste this supreme court of justice does not exist, only the court of appeal is clear cited by (Corte Real AG & Tilman CB., 2023).

References

CF. Gouveia Jorge Bacelar, Constitutional Law of Timor-Leste, Lisbon/Dili, IDILP, pg. 410

See Law No. 25/2021 of 2 December on the Law on Judicial Organisation

Brief note from the monograph Estefânia Luís Simon da Costa on "The Judiciary in the Light of the Democratic Rule of Law"

CF. Da Cunha Chumbinho João Paulo, The Constitution and the Independence of the Courts, pg. 92

CF. Oliveira Bárbara Nazareth, by Marcelo Gomes Carla, dos Santos Rita Páscoa, Fundamental Rights in Timor-Leste: Theory and Practice, 1st edition, March 2015, pg. 446.

Brief note from the monograph Estefânia Luís Simon da Costa on "The Judiciary in the Light of the Democratic Rule of Law".

C.F. Carlos José Battalion, Law, Fundamental Notion in the 2nd edition, pg. 93

CF. Da Cunha Chumbinho João Paulo, The Constitution and the Independence of the Courts, Pg.96

USAID, The Asia Foundation, Stanford Law School, An Introduction to Constitutional Law in Timor-Leste pg. 111

See the first Annotation of the Annotated Constitution, Article 121. or

CF. Gouveia Jorge Bacelar, Constitutional Law of Timor-Leste, pg. 414 and 415.

USAID, The Asia Foundation, Stanford Law School, An Introduction to Constitutional Law in Timor-Leste pg. 224.

CF. Oliveira Bárbara Nazareth, Gomes Carla de Marcelo, Dos Santos Rita Easter, Fundamental Rights in Timor-Leste: Theory and Practice, 1st edition, March 2015, pg.486.

CF. Blanco De Morais Carlos, Justiça Constitucional, Volume II, O contencioso Constitucional Portuguese entre o modelo mixo e a atempação do sistema de referrarão, pg. 754.

Nazareth Oliveira, C. d. (2015). Fundamental Rights in Timor-Leste: Theory and Practice. Coimbra, Portugal: Ius Gentium Conimbrigae.

Cunha, P. F. (2007). Applied Constitutional Law: living the constitution, citizenship and human rights. Lisbon: Quid Juris, Sociedade Editora.

Dresch R. Luís (2015). Right to health (1st edition) National Council of Health Secretariat-CONASS. Martins M. Rosa (2021) Histories of Global Health: The World Health Organization and Cooperation with Non-State Actors (rev.colomb.cienc.soc. [vol.12].

Gouveia, J.B. (2012). Constitutional Law of Timor-Leste. Lisbon: Portuguese Language Law Institute.

Ribeiro Manuel de Almeida (Cord), et, al, home, Encyclopedia of International Law, 2011.

Miranda Jorge, Fundamental Rights 2nd Edition 2017.

Decree-Law No. 52/2020 of October 21 First amendment to Decree-Law No. 3/2019, of March 5.

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Published

2023-11-25

How to Cite

Alexandre Gentil Corte-Real de Araújo. (2023). THE JURISDICTION OF THE COURT OF APPEAL (SUPREME COURT OF JUSTICE) IN THE TIMOR-LESTE LEGAL SYSTEM (2023).: Research Article. American Journal of Medical and Clinical Research & Reviews, 2(12), 1–11. https://doi.org/10.58372/2835-6276.1107

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