THE JURISDICTION OF THE COURT OF APPEAL (SUPREME COURT OF JUSTICE) IN THE TIMOR-LESTE LEGAL SYSTEM (2023).
Research Article
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DOI:
https://doi.org/10.58372/2835-6276.1107Keywords:
Jurisdictional Jurisdiction Request, Supreme Court of Justice and Legal OrderAbstract
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
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Decree-Law No. 52/2020 of October 21 First amendment to Decree-Law No. 3/2019, of March 5.
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