Portuguese Constitutional Court
Encyclopedia
The Portuguese Constitutional Court is a special court, defined by the Portuguese Constitution as part of the judicial branch of the Portuguese
political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality
of the newly approved laws, but it also has important powers related to the President of the Republic
, the political parties and referenda.
The Portuguese Constitution defines the Constitutional Court as a completely independent organ, that operates independently from the other branches of government, such as the Executive or the Legislative. The judges of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority.
The court works in Lisbon
, in the Ratton Palace
located in Bairro Alto
.
, the main legislative branch of the country, and must be elected by Two-thirds majority of the members of the Assembly. The remaining three are elected by the already elected judges. Of the thirteen judges that compose the court, six must be chosen among the general court's judges, the remaining must, at least, have a degree in law. The judges serve a nine years mandate and cannot be re-elected.
The Constitutional Court elects its own president and vice-president and approves its own rules, schedule and budget.
The President of the Constitutional Court is the third person in the Portuguese state hierarchy and has several competences, for example, conducting the relations between the court and the other authorities, he receives the candidatures for President of the Republic and presiding the court's sessions. The current president is Rui Manuel Gens de Moura Ramos.
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
political organization. Unlike the rest of the country's courts, the Constitutional Court has important characteristics, such as a special composition, and unique competences. The main task of the court is to review the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the newly approved laws, but it also has important powers related to the President of the Republic
President of Portugal
Portugal has been a republic since 1910, and since that time the head of state has been the president, whose official title is President of the Portuguese Republic ....
, the political parties and referenda.
The Portuguese Constitution defines the Constitutional Court as a completely independent organ, that operates independently from the other branches of government, such as the Executive or the Legislative. The judges of the Constitutional Court are independent and cannot be impeached. The decisions of the court are above the decisions of any other authority.
The court works in Lisbon
Lisbon
Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban...
, in the Ratton Palace
Jácome Ratton
Jacques, alias Jácome Ratton was a Franco-Portuguese businessman, who was a leading figure in the mainly foreign group of industrialists in 18th century Portugal...
located in Bairro Alto
Bairro Alto
Bairro Alto is an area of central Lisbon, Portugal.The first terrain division occurred around 1500, when the court of D.Manuel I moved from the castle to the royal palace in Terreiro do Paço...
.
Organization
The court is composed by thirteen judges, ten of them are elected by the Assembly of the RepublicAssembly of the Republic
The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery...
, the main legislative branch of the country, and must be elected by Two-thirds majority of the members of the Assembly. The remaining three are elected by the already elected judges. Of the thirteen judges that compose the court, six must be chosen among the general court's judges, the remaining must, at least, have a degree in law. The judges serve a nine years mandate and cannot be re-elected.
The Constitutional Court elects its own president and vice-president and approves its own rules, schedule and budget.
The President of the Constitutional Court is the third person in the Portuguese state hierarchy and has several competences, for example, conducting the relations between the court and the other authorities, he receives the candidatures for President of the Republic and presiding the court's sessions. The current president is Rui Manuel Gens de Moura Ramos.
Competences
The Constitutional Court has several competences, defined in the Constitution, such as:- Assure that the Constitution and regional autonomies are respected;
- Review and assure the constitutionality of the laws;
- Declare the President's death or inability to carry out his tasks;
- Manage the electoral processes;
- Assure that political parties fulfill the legal requirements to exist;
- Forbid and exterminate Fascist parties and organizations;
- Assure the legality of the national and local referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s.
See also
- Portuguese court systemPortuguese court systemThe Portuguese court system is composed of:* Portuguese Constitutional Court.* Portuguese Court of Audits.* Portuguese Supreme Administrative Court.* Portuguese Supreme Court of Justice.* Other regular courts....
- Portuguese Supreme Court of JusticePortuguese Supreme Court of JusticePortuguese Supreme Court of Justice is the highest court of law in Portugal without prejudice to the jurisdiction of the Portuguese Constitutional Court.The President of the Supreme Court of Justice is elected by and among the members of the court....
. - Portuguese Court of AuditsPortuguese Court of AuditsThe Portuguese Court of Audits is the high-court in Portugal responsible for reviewing the legal issues on public expenditure and delivering judgement on those accounts relating to:* General Accounts of the State...
. - Portuguese Supreme Administrative CourtPortuguese Supreme Administrative CourtThe Portuguese Supreme Administrative Court is the high-court in Portugal that deals with matters pertaining to administrative and fiscal legal relations.This court functions without prejudice to the jurisdiction of the Portuguese Constitutional Court....
.
- Portuguese Supreme Court of Justice
- Politics of PortugalPolitics of PortugalPolitics in Portugal take place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister is the head of government, and of a multi-party system. The President of the Republic is the head of state and has several significant political powers, which he...
- Portuguese Constitution
- JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...