CONSTITUTION AGUARANTEE OF DEMOCRACY : Research Article

Urraca Magno Corte-Real de Araújo

doi:10.58372/2835-6276.1044

Authors

Urraca Magno Corte-Real de Araújo

DOI:

https://doi.org/10.58372/2835-6276.1044

Abstract

Introduction: The constitution is a set of rules governing a state, which may or may not be codified as a written document, which enumerates and limits the powers of a political entity. The constitution can be applied to any global system of laws that defines the functioning of a government, 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 State of Democratic Law, sparse, independent and unitary, based on the popular will and the respect for the dignity of the human person", and to the memsmo that paragraphs 1 and 2 of article 2 of the same constitution, establish that "The superannia resides in the people, who exercise it in accordance with the constitution, and State subordinates itself to the constitution and laws."

Objective: The constituent power assumed an identical relevance to which fell on the concept of the Constitution, being very much due to the work of the doctrine of the Constitution.

Methodologies: We used the deductive methodology in this elaboration, because all the research is done through the library and other references were consulted on the internet as an auxiliary means.

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

Conclusion: It is concluded that the right link to the constitution is for the exercise of the power of the state considered the special recognition of constituent legitimacy that confers on them. This reference is more decisive in the case of the courts that will seek the constitution to the democratic legitimacy that does not come from the elections, and comply with the laws in constitutional order cited by (Tilman CB & Magno U. A., 2023).

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