The Constitutional Court ( pt, Tribunal Constitucional, ) is a special court, defined by the
Portuguese Constitution
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King D ...
as part of the judicial branch of the
Portuguese
Portuguese may refer to:
* anything of, from, or related to the country and nation of Portugal
** Portuguese cuisine, traditional foods
** Portuguese language, a Romance language
*** Portuguese dialects, variants of the Portuguese language
** Portu ...
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 is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of the newly approved laws, but it also has important powers related to the
President of the Republic, the
political parties
A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
, and referendums.
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 Justices 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 convenes in
Lisbon
Lisbon (; pt, Lisboa ) is the capital and largest city of Portugal, with an estimated population of 544,851 within its administrative limits in an area of 100.05 km2. Grande Lisboa, Lisbon's urban area extends beyond the city's administr ...
, in the
Ratton Palace located in
Bairro Alto
Bairro Alto (; literally: ''Upper District'') is a central district of the city of Lisbon, the Portuguese capital. Unlike many of the civil parishes of Lisbon, this region can be commonly explained as a loose association of neighbourhoods, with no ...
.
Organization
The court is composed by thirteen Justices, ten of them are elected by the
Assembly of the Republic, the main legislative branch of the country, and they must be elected by two thirds majority of the members of the Assembly. The remaining three are elected by the already elected Justices. Of the thirteen Justices, six must be chosen among the general court's judges, the remaining must have at least a degree in law. The Justices 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 (together with the
President of the Supreme Court) is the fourth person in the Portuguese state hierarchy (after the
President of the Republic, the
President of the Assembly of the Republic, and the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, in that order) and has several competences, such as conducting the relations between the court and the other authorities, receiving the candidatures for President of the Republic and presiding the court's sessions. The current president () is
João Caupers
João is the Portuguese equivalent of the given name John. The diminutive is Joãozinho and the feminine is Joana. It is widespread in Portuguese-speaking countries. Notable people with the name are enumerated in the sections below.
Kings
* Jo ...
.
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 fulfil the legal requirements to exist;
* Prohibit and dissolve
fascist
Fascism is a far-right, Authoritarianism, authoritarian, ultranationalism, ultra-nationalist political Political ideology, ideology and Political movement, movement,: "extreme militaristic nationalism, contempt for electoral democracy and pol ...
parties and organizations;
* Assure the legality of the national and local
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s.
See also
*
Judiciary of Portugal
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty (Presiden ...
**
Portuguese Supreme Court of Justice
The Supreme Court of Justice ( pt, Supremo Tribunal de Justiça, , STJ) is the highest court of law in Portugal without prejudice to the jurisdiction of the Constitutional Court.
The judges of the STJ are referred to as "counselors" (''conselhei ...
**
Portuguese Court of Audits The Portuguese Court of Audits ( pt, Tribunal de Contas) 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
* account ...
**
Portuguese Supreme Administrative Court The Supreme Administrative Court ( pt, Supremo Tribunal Administrativo) is a court in Portugal that deals with matters pertaining to administrative and fiscal legal relations. This court functions without prejudice to the jurisdiction of the Constit ...
*
Politics of Portugal
Politics in Portugal operates as a unitary multi-party semi-presidential representative democratic republic, whereby the Prime Minister of Portugal is the head of government, and the President of Portugal is the non-executive head of state with ...
*
Constitution of Portugal
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King ...
References
External links
*
{{Authority control
Law of Portugal
Politics of Portugal
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
Judiciary of Portugal
1982 establishments in Portugal
Courts and tribunals established in 1982