The Law and Constitution That Positive Democracy in Timor-Leste (2024): Research Article

Alexandre Gentil Corte Real Araújo

doi:10.58372/2835-6276.1217

Authors

Alexandre Gentil Corte Real Araújo

DOI:

https://doi.org/10.58372/2835-6276.1217

Keywords:

Law and Constitution, Positives, Democracy in Timor-Leste

Abstract

Introduction: The Law and Constitution is a set of rules that govern a state, which may or may not be codified as a written document, which enumerates and limits the powers of a political entity. Thus, the Constitution can be applied in any global system of laws that defines the functioning of a Government and State, including several uncodified historical Constitutions that existed before the development of modern Constitutions. Timor-Leste, as highlighted in paragraph 1. Article 1 of the Constitution "The Democratic Republic of Timor-Leste is a democratic, sovereign, independent and unitary State based on the Democratic Will of the People and on the support for the dignity of the human person", and at the same time that paragraphs 1 and 2 of Article 2 of the same Constitution establish that "Sovereignty resides in the people, who exercise it in accordance with the Constitution, and the State is subordinate to the Constitution and the laws in force".

Objective: The constituent power assumed an identical relevance to that which fell on the concept of Constitution, much due to the work of the doctrine of the Constitution that is worth his opinion,

Methodologies: We use the deductive methodology in this elaboration, because all research is done through the library and other references of the articles that were consulted on the internet as a collaborative means or to assist in the application methods that have constructive value.

Discussion: The Law and Constitution lists the organs of sovereignty. But it does not refer to their nature, nor any criterion that allows them to distinguish them from other organs of the State, for example, from administrative organs. A decisive criterion must be the direct reference to the Constitution as a theme for the exercise of state power. Through this direct constitutional reference, the organs of sovereignty are legitimized to exercise the most relevant functions of the State.

Conclusion: Ending the direct link to the Constitution is for the exercise of the power of the State considering the special recognition of constituent legitimacy that it confers on them. This reference is more decisive in the case of courts that will seek the Constitution in the Democratic legitimacy that does not come to them from elections, and respect the laws in constitutional order cited by (Corte Real AG & Tilman CB., 2024).

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