Observations on the New Constitution of East Timor

Linton S. , ‘Rising From the Ashes: Creation of a Viable Criminal Justice System in East Timo’, (2001) 25 MULR 5; McDonald Qc C. , ‘Out of the Ashes — A New Criminal Justice System for East Timor’, paper presented at the Int Society for the Reform of the Criminal Law, 30 August 2001, Canberra; ‘East Timor in Transition 1998–2000; An Australian Policy Challenge’, Department of Foreign Affairs and Trade, Canberra, 2001. See also several papers recently delivered at the ANZSIL International Law Weekend, ANU, Canberra, 14 June 2002.

UNTAET Regulations for this purpose can be viewed on <www.austlii.edu.au/tp/legis/consol_reg/>.

Constitution of the Democratic Republic of East Timor (hereafter called the Constitution), s.170.

Constitution, s.169.

Constitution, s.167.

Constitution, s.168.

Saunders C. , ‘People Power’, (1993) 2(1) Constitutional Centenary 15.

Garran R.R. Sir , Prosper the Commonwealth, 1958, ch 8; Evans R. Moore C. Saunders K. and Jamison B. , Documenting Australia's Federation; Our Future's Past, 1997, pp.124–47.

See various tabled papers of the Select Committee on Constitutional Development of the Legislative Assembly of the Northern Territory up to 1997, Report of the Standing Committee on Legal and Constitutional Affairs of the Legislative Assembly of the Northern Territory into Appropriate Measures to Facilitate Statehood, April 1999.

Dale W. , The Modern Commonwealth, 1983, pp.107–8; McWhinney E. , Constitution Making: Principles, Process, Practice, 1981, p.134.

Constitution, Part VI Title II.

Constitution, Part III, Title II and s.107.

Australian Section — Commission of Jurists: Commentary on the Draft Constitution proposed for East Timor by the Constituent Assembly, undated.

For a comparison of the Portuguese Constitution on this point, see Hermet G. , Emerging from Dictatorship: The Role of the Constitution in Spain (1978) and Portugal (1976), in Bogdanor V. (ed.), Constitutions in Democratic Politics, 1988, Gower Publishing, pp.269–72, in which the author comments that the Portuguese Constitution generates instability and political uncertainty in this respect.

It seems clear that President Gusmao regards himself as having an independent discretion in exercising his constitutional powers within the limits of the Constitution.

Constitution, Part II.

Constitution, s.156.

Constitution, part III, Title V.

Constitution, s.69. Examples of overlap between the legislative, executive and judicial powers in the Constitution include the Presidential veto over legislation, Ministerial membership of the parliament and parliamentary ratification of treaties and conventions.

Constitution, s.156.

See ref 17.

Constitution, s.9.

Constitution, s.23.

Constitution, s.160, but note the Commission for Reception, Truth and Reconciliation in East Timor.