Judgment Reviews Law at São Tomé and Príncipe
In São Tomé and Príncipe, judicial review is a fundamental aspect of the legal system, ensuring that laws and governmental actions comply with the Constitution. The Constitution of 2003 (revised in 2003) provides the framework for judicial review, delineating the roles of the Constitutional Court and the Supreme Court of Justice.
⚖️ Constitutional Court
Established in 2018, the Constitutional Court is the highest authority on constitutional matters. It is composed of five judges appointed by the National Assembly for five-year terms. The Court has the authority to:
Review Legislation: Assess the constitutionality of laws and other normative acts.
Interpret the Constitution: Provide authoritative interpretations of constitutional provisions
Resolve Constitutional Disputes: Address conflicts between different branches of government or between the state and individuals regarding constitutional issues.
The Constitutional Court plays a pivotal role in safeguarding the Constitution and ensuring that all laws and actions align with its principles.
🏛️ Supreme Court of Justice
The Supreme Court of Justice is the highest judicial authority in São Tomé and Príncipe, overseeing the administration of justice and ensuring the uniform interpretation and application of the law It has the authority to
Review Lower Court Decisions:Hear appeals from lower courts to ensure consistency and fairness in legal rulings
Interpret Laws: Provide interpretations of laws to guide their application
Ensure Judicial Independence: Oversee the functioning of the judiciary to maintain its independence and impartiality The Supreme Court of Justice operates under the principles of the Constitution and is instrumental in upholding the rule of law in the country
🔍 Grounds for Judicial Review
Judicial review in São Tomé and Príncipe can be initiated on several grounds, includin:
Unconstitutionality When a law or governmental action is deemed to violate constitutional provision.
Legal Error When a decision is based on an incorrect interpretation or application of the la.
Violation of Rights When actions infringe upon fundamental rights guaranteed by the Constitutio. These grounds ensure that laws and governmental actions are subject to scrutiny and must adhere to the Constitution and legal standard.
🏛️ Judicial Independenc
The Constitution guarantees the independence of the judiciary, ensuring that judges are impartial and not subject to external influencs Judges are appointed based on merit and are protected from arbitrary dismissl This independence is crucial for maintaining public confidence in the legal system and ensuring that justice is administered fairly and without bias.
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