Sao Tome and Principe 1975 Constitution (reviewed 2003) - Page 5 of 6

Table of Contents

PART IV. GUARANTEE AND REVISION OF THE CONSTITUTION

Title I. Control of Constitutionality

Article 144. Positive unconstitutionality

Norms that contravene the provisions of the Constitution or the principles it enshrines are unconstitutional.
The organic or formal unconstitutionality of duly ratified international treaties shall not prevent the application of their rules within the São Tomé and Principe legal order provided those rules are applied in the legal order of the other party, unless such unconstitutionality would result in the violation of a fundamental provision.

Article 145. Prior review of constitutionality

The President may ask the Constitutional Court to undertake the prior review of the constitutionality of any norm in an international agreement or treaty that has been submitted for ratification, and any law or decree-law that it has been sent for promulgation.
The prior review of constitutionality must be requested within eight days from the date of receipt of the such provision.
In addition to the President of the Republic himself, the Prime Minister or one fifth of the Members of the National Assembly in office may ask the Constitutional Court to carry out a prior review of the constitutionality of any provision of law that has been sent to the President for promulgation as an organic law.
On the date that a provision to be promulgated as an organic law is sent to the President of the Republic, the President of the National Assembly shall inform the Prime Minister and the Parliamentary Groups of the National Assembly of this.
The prior review of the constitutionality referred to in paragraph 3 shall be requested within eight days of the date specified in the preceding paragraph.
Without prejudice to paragraph 1, the President is not permitted to enact the provisions referred to in paragraph 4 unless eight days have passed since their receipt, or before the Constitutional Court has pronounced thereon, when this intervention has been requested.
The Constitutional Court must pronounce within a time limit of twenty-five days which, in the case provided for in paragraph 1, may reduce be reduced by the President of the Republic on grounds of urgency.

Article 146. Effects of the decision

If the Constitutional Court rules for the unconstitutionality of a norm contained in any act or international agreement, the latter shall be vetoed by the President of the Republic and return it to the organ that passed it.
In the case referred to in paragraph 1, the provisions of law cannot be enacted unless the body that approved them expunges the norm ruled to be unconstitutional or, as the case may be, confirms the same by a two-thirds of the Members present, provided they represent an absolute majority of the Members in office.
If the provisions of law are reworded, the President of the Republic may call for a prior review of the constitutionality of any of its provisions.
If the Constitutional Court rules that the provision of an agreement or treaty are unconstitutional, it may only be ratified if the National Assembly approves it by two-thirds of the Members present, provided they represent an absolute majority of the Members in office.

Article 147. Abstract review of constitutionality and legality

The Constitutional Court may considerer and declare with generally binding force:
1. The unconstitutionality of any norm;
2. The illegality of any norm contained in legislative acts on the grounds of the violation of a law with reinforced value;
3. The illegality of any norms in regional acts as a result of violation of the Political Administrative Statute of the Autonomous Region of Príncipe or of the general legislation of the Republic;
4. The illegality of any norm contained in provisions of law issued by bodies with sovereign power, as a result of violation of the law of the Autonomous Region of Príncipe as defined in its Statute.
The following may ask the Constitutional Court to declare unconstitutionality or illegality, with generally binding effect:
1. The President of the Republic;
2. The President of the National Assembly;
3. The Prime Minister;
4. The Attorney-General of the Republic;
5. One tenth of the Members of the National Assembly;
6. The Regional Legislative Assembly and the President of the Regional Government of Príncipe.
The Constitutional Court shall review and then declare, with generally binding effect, the unconstitutionality or illegality of any norm, provided it has found that norm to be unconstitutional or illegal in three specific cases.

Article 148. Unconstitutionality due to omission

At the request of the President of the Republic, or on the basis of infringement of the rights of the Autonomous Region of Príncipe, and of the President of the Regional Assembly, the Constitutional Court shall review and verify non-compliance with the Constitution due to omission of the legislative measures necessary for making constitutional norms enforceable.
When the Constitutional Court determines the existence of unconstitutionality due to omission, it shall notify the competent legislative body.

Article 149. Concrete review of constitutionality and legality

An appeal may be brought before the Constitutional Court against the decisions of courts:
1. That refuse the application of any norm on the grounds of its unconstitutionality;
2. That apply a norm whose unconstitutionality has been raised during the proceedings.
An appeal may also be brought before the Constitutional Court against the decisions of courts:
1. That refuse the application of a norm in a legislative act on the grounds of its illegality in violating a reinforced law;
2. That refuse the application of a rule in a regional act on the grounds of its illegality in violating the Political-Administrative Statute of the Autonomous Region of Príncipe or a general law of the Republic;
3. That refuse the application of a norm in a provision of law issued by a body with sovereign power on the grounds of its illegality in violating the Political-Administrative Statute of the Autonomous Region of Príncipe;
4. That apply a norm whose illegality has been raised during the proceedings on any of the grounds contemplated in subparagraphs a) , b) and c).
When the norm whose application has been refused is contained in an international convention, or in a legislative or regulatory act, the appeals provided for in subparagraph a) of paragraph 1 and paragraph a) of paragraph 2 of this Article are mandatory for the Justice Department.
The appeals provided for in subparagraphs b) and d) of paragraph 2 may be brought only by the party that has raised the question of unconstitutionality or illegality, and the law must regulate the procedures for the admission of such appeals.
An appeal may also be brought before the Constitutional Court, which is obligatory for the Justice Department, against court decisions applying a rule that the Constitutional Court itself has previously judged to be unconstitutional or illegal.
Appeals brought before the Constitutional Court are limited to questions of unconstitutionality or illegality, whichever applies.

Article 150. Effects of the declaration of unconstitutionality or illegality

The declaration of unconstitutionality or illegality has a generally binding effect from the entry into force of the rule declared unconstitutional or illegal and causes the revalidation of any norms that the said norm may have revoked.
However, in the case of unconstitutionality or illegality due to the infringement of a subsequent constitutional or statutory provision, the declaration takes effect only as of the date on which the latter comes into force.
Exceptions to this are cases on which judgment has been pronounced, save when the Constitutional Court decides to the contrary in relation to a norm that concerns criminal, disciplinary or offence-related matter and its content is less favorable for the accused.
When required for the purposes of legal certainty, reasons of fairness or an exceptional important public interest, which must be substantiated, the Constitutional Court may determine the effects of unconstitutionality or illegality in a narrower sense than that provided for in paragraphs 1 and 2.

Title II. Revision of the Constitution

Article 151. Initiative and time for revisions

The competence to initiative revisions pertains to Members of the National Assembly and the Parliamentary Groups.
The National Assembly may review the Constitution once five years have passed since the date of publication of the latest revision law.
Independent of any timeframe, the National Assembly may assume powers of constitutional revision by a three-fourths majority of Deputies in the full exercise of their office.
When a draft revision of the constitutional has been proposed, any other proposals must be presented within a time limit of thirty days.

Article 152. Approval and promulgation of amendments

Amendments to the Constitution are approved by a two-thirds majority of Members of the National Assembly in full exercise of their in office.
The Constitution shall be published, in its new text, together with the revision law.
The President of the Republic may not refuse promulgation of the revision law.

Article 153. New text of the Constitution

The amendments to the Constitution are inserted in their appropriate place by means of substitutions, deletions and the necessary additions.
After it has been revised, the new text of the Constitution shall be published together with the revision law.

Article 154. Material limits on revision

The following may not be the subject of a revision to the Constitution:

The independence and integrity of the national territory and the unity of the State;
The secular status of the State;
The republican form of its Government;
The rights, freedoms and guarantees of the citizens;
The right to vote in universal, direct, secret and periodic elections for the appointment of the elected officeholders to bodies with sovereign power and regional and local power;
The separation and interdependence of bodies with sovereign power;
The autonomy of regional and local power;
The independence of the courts;
Pluralism of expression and political organization, including political parties and the right of democratic opposition.