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THE CONSTITUTION OF ANTIGUA AND BARBUDA

2014-08-11 17:20:00

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THE CONSTITUTION OF ANTIGUA AND BARBUDA

WHEREAS the People of Antigua and Barbuda

proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;

respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

assert their conviction that their happiness and prosperity can best be pursued in a democratic society in which all persons may, to the extent of their capacity, play some part in the national life;

recognise that the law symbolises the public conscience, that every citizen owes to it an undivided allegiance not to be limited by any private views of justice or expediency and that the State is subject to the law;

desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest:

NOW, THEREFORE, the following provisions shall have effect as the Constitution of Antigua and Barbuda:-

CHAPTER I

THE STATE AND THE CONSTITUTION

THE STATE AND ITS TERRITORY.

1.- Antigua and Barbudashall be a unitary sovereign democratic State.

The territory of Antigua and Barbuda shall comprise the islands of Antigua, Barbuda and Redonda and all other areas that were comprised in Antiguaon 31st October 1981together with such other areas as may be declared by Act of Parliament to form part of the territory of Antigua and Barbuda.

CONSTITUTION IS SUPREME LAW.

2.- This Constitution is the supreme law of Antigua and Barbuda and, subject to the provisions of this Constitution, if any other laws is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.

3.- Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

life, liberty, security of the person, the enjoyment of property and the protection of the law;

freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and

protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,

the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of other or the public interest.

PROTECTION OF RIGHT TO LIFE.

4.-

No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason or murder of which he has been convicted.

A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and such circumstances as are permitted by law, of such force as is reasonably justifiable-

for the defence of any person from violence or for the defence of property;

in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

for the purpose of suppressing a riot, insurrection or mutiny; or

in order lawfully to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

PROTECTION OF RIGHT TO PERSONAL LIBERTY.

5.-

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-

in consequence of his unfitness to plead to a criminal charge;

in execution of the sentence or order of a court, whether established for Antigua and Barbuda or some other country, in respect of a criminal offence of which he has been convicted;

in execution of an order of the High Court or of the Court of Appeal or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or tribunal;

in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;

for the purpose of bringing him before a court in execution of the order of a court;

upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;

under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

for the purpose of preventing the spread of an infectious or contagious disease;

in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

for the purpose of preventing the unlawful entry of that person into Antigua and Barbuda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Antigua and Barbuda or for the purpose of restricting that person while he is being conveyed through Antigua and Barbuda in the course of his extradition or removal as a convicted prisoner from one country to another; or

to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Antigua and Barbuda or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Antigua and Barbuda in which, in consequence of any such order, his presence would otherwise be unlawful.

any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention.

Any person who is arrested or detained shall have the right, at any stage and at his own expense, to retain and instruct without delay a legal practitioner of his own choice, and to hold private communications with him, and in the case of a minor he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

When a person is arrested, excessive bail shall not be required in those cases where bail is being granted.

Any person who is arrested or detained-

for the purpose of bringing him before a court in execution of the order of a court; or

upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law,

and who is not released shall be brought before the court within forty-eight hours after his detention and, in computing time for the purposes of this subsection, Sundays and public holidays shall be excluded.

If any person arrested or detained as mentioned in subsection (5) (b) of this section is not tried within a reasonable time, the, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial and, subject to subsection (4) of this section, such conditions may include bail.

Any person who is unlawfully arrested or detained by any other person shall, subject to such defences as may be provided by law, be entitled to compensation for such unlawful arrest or detention from the person who made the arrest or effected the detention, from any person or authority on whose behalf the person making the arrest or effecting the detention was acting or from them both:

Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall nor be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.

For the purposes of subsection (1) (b) of this section, a person charged with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

PROTECTION FROM SLAVERY AND FORCED LABOUR

6.-

No person shall be held in slavery or servitude.

No person shall be required to perform forced labour.

For the purposes of this section, the expression "forced labour&quote; does not include-

any labour required in consequence of the sentence or order of a court;

any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service;

any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

PROTECTION FROM INHUMAN TREATMENT

7.-

No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Antigua on 31st October 1981.

PROTECTION OF FREEDOM OF MOVEMENT

8.-

A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Antigua and Barbuda, the right to reside in any part of Antigua and Barbuda, the right to enter Antigua and Barbuda, the right to leave Antigua and Barbudaand immunity from expulsion from Antigua and Barbuda.

Any restrictions on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

for the imposition of restrictions on the movements or residence within Antigua and Barbuda of any person or on any person's right to leave Antigua and Barbuda that are reasonably required in the interests of defence, public safety or public order;

for the imposition of restrictions on the movements or residence within Antigua and Barbuda or on the right to leave Antigua and Barbuda of persons generally or any class of persons in the interest of defence, public safety, public order, public morality, or public health or, in respect of the right to leave Antigua and Barbuda, of securing compliance with any international obligation of Antigua and Barbuda particulars of which have been laid before the House and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

for the imposition of restrictions, by order of a court, on the movement or residence within Antigua and Barbuda of any person or on any person's right to leave Antigua and Barbuda either in consequence of his having been found guilty of a criminal offence under a law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings relating to his extradition or lawful removal from Antigua and Barbuda;

for the imposition of restrictions on the freedom of movement of any person who is not a citizen;

for the imposition of restrictions on the acquisition or use by any person of land or other property in Antigua and Barbuda;

for the imposition of restrictions upon the movement or residence within Antigua and Barbuda or on the right to leave Antigua and Barbuda of any public officer that are reasonably required for the proper performance of his functions;

for the removal of a person from Antigua and Barbuda to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or

for the imposition of restrictions on the right of any person to leave Antigua and Barbuda that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3) (a) of this section so requests at any time during the period of that restriction not earlier than two months after the restriction was imposed or two months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal consisting of a president who shall be a legal practitioner of not less than seven years standing appointed by the Chief Justice and two other members appointed by the Governor-General acting in his discretion.

On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity for or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

PROTECTION FROM DEPRIVATION OF PROPERTY

9.-

No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any description shall be compulsorily acquired, except for public use and except in accordance with the provisions of a law applicable to that taking of possession or acquisition and for the payment of fair compensation within a reasonable time.

Every person having a interest in or right to or over property which is compulsorily taken possession of or whose interest in or right to or over any property is compulsorily acquired shall have the right of access to the High Court for-

the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right and the amount of any compensation to which he is entitled; and

the purpose of obtaining payment of that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right to or over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.

The Chief Justice may make rules with respect to the practice and procedure of the High Court or any other tribunal or authority in relation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time within which application or appeals to the High Court or applications to the other tribunals or authority may be brought).

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-

to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-

in satisfaction of any tax, rate or due;

by way of penalty for breach of the law or forfeiture in consequence of breach of the law;

as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;

in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;

in consequence of any law with respect to the limitation of actions;

for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relation to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),

and except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including and interest in or right to or over property), that is to say-

enemy property;

property of a deceased person, a person of unsound mind or a person who had not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or by order of a court for the purposes of giving effect to the trust.

Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right or over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provided by Parliament or any legislature established for the former colony or Associated State of Antigua.

For the purposes of this section, "use" is "public" if it is intended to result or results in a benefit or advantage to the public and, without prejudice to its generality, includes any use affecting the physical, economic, social or aesthetic well-being of the public.

PROTECTION OF PERSON OR PROPERTY FROM ARBITRARY SEARCH OR ENTRY

10.-

Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

that is reasonably required in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilisation of property in such a manner as to promote the public benefit;

that authorises an office or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, or to that authority or body corporate, as the case may be;

that is reasonably required for the purpose of preventing or detecting crime;

that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

that authorises, for the purpose of enforcing the judgement or order of a court in any proceedings, the search of any person or property by order of a court or entry upon any premises by such order,

- and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

PROTECTION OF FREEDOM OF CONSCIENCE

11.-

Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

Except with his own consent (or, if he is under the age, of eighteen years, the consent of his parent or guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony

Тэги: английском, языке

Constitution of the Principality of Andorra

2014-08-11 17:05:00

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Constitution of the Principality of Andorra

PREAMBLE

The Andorran People, with full liberty and independence, and in the exercise of their own sovereignty,

Conscious of the need to conform the institutional structure of Andorra to the new circumstances brought about by the evolution of the geographical, historical and socio-cultural environment in which it is situated, as well as of the need to regulate the relations which the institutions dating back to the Pareatges. shall have within this new legal framework,

Resolved of the need to be endowed with all the mechanisms leading to juridical security in the exercise of the fundamental rights of the individual, which, although always present and respected in the nature of Andorran society, have not received the protection of any kind of general laws,

Eager to use every endeavour to promote values such as liberty, justice, democracy and social progress, and to keep and strengthen the harmonious relations of Andorra with the rest of the world, and especially with the neighbouring countries, on the basis of mutual respect, co-existence and peace,

Willing to bring their collaboration and effort to all the common causes of mankind, and especially to those of preserving the integrity of the Earth and guaranteeing an environment fit for life for the coming generations,

Desiring that the motto "virtus, unita, fortior", which has presided over the peaceful journey of Andorra over its more than seven hundred years of history, may continue to be a completely valid principle and may always guide the conduct of Andorrans,

Approve the present Constitution, in the exercise of their sovereignty.

TITLE I

SOVEREIGNTY OF ANDORRA

Article 1

1. Andorra is a Democratic and Social independent State abiding by the Rule of Law. Its official name is Principat d'Andorra..

2. The Constitution proclaims that the action of the Andorran State is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.

3. Sovereignty is vested in the Andorran People, who exercise it through the different means of participation and by way of the institutions established in this Constitution.

4. The political system of Andorra is a parliamentary Coprincipat .

5. Andorra is composed of the Parròquies of Canillo, Encamp, Ordino, La Massana, Andorra la Vella, Sant Julià de Lòria and Escaldes-Engordany.

Article 2

1. Catalan is the official language of the State.

2. The national anthem, the State flag and the coat of arms of Andorraare the traditional ones.

3. Andorra la Vella is the capital of the State.

Article 3

1. The present Constitution, which is the highest rule of the legal system, binds all the public institutions as well as the individuals.

2. The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.

3. The universally recognized principles of international public law are incorporated into the legal system of Andorra.

4. The treaties and international agreements take effect in the legal system from the moment of their publication in the Butlletí Oficial del Principat d'Andorra and cannot be amended or repealed by law.

TITLE II

RIGHTS AND FREEDOMS

Chapter I. General principles

Article 4

The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.

Article 5

The Universal Declaration of Human Rights is binding in Andorra.

Article 6

1. All persons are equal before the law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.

2. Public authorities shall create the conditions such that the equality and the liberty of the individuals may be real and effective.

Chapter II. Andorran nationality

Article 7

1. The status of Andorran national, as well as its legal effects, is acquired, kept and lost in accordance with the regulations of a Llei Qualificada.

2. The acquisition or retention of a nationality other than Andorran shall entail the loss of the latter, subject to the terms and periods established by law.

Chapter III. The fundamental rights of the person and public freedoms

Article 8

1. The Constitution recognises the right to life and fully protects it in its different phases.

2. All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

3. The death penalty is prohibited.

Article 9

1 All persons have the right to liberty and security and shall only be deprived of them on such grounds and in accordance with such procedures as are established in the Constitution and the laws.

2. Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours.

3. The law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. Likewise the law shall establish the procedure to restore the impaired fundamental rights of any person under detention.

4. No one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed.

Article 10

1. All persons shall have the right to jurisdiction and to have a ruling founded in the law, and to a due trial before an impartial tribunal established by law.

2. All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves and to appeal in criminal causes.

3. Inorder to guarantee the principle of equality, the law shall regulate the cases when justice shall be free of cost.

Article 11

1. The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to state or disclose his or her ideology, religion or beliefs.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.

3 The Constitution guarantees the Roman Catholic Church free and public exercise of its activities and the preservation of the relations of special co-operation with the State in accordance with the Andorran tradition.

The Constitution recognises the full legal capacity of the bodies of the Roman Catholic Church which have legal status in accordance with their own rules.

Article 12

Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy. Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.

Article 13

1. The civil status of persons and forms of marriage shall be regulated by law. The civil effects of Canon Law marriage shall be recognised.

2. The public authorities shall promote a policy of protection of the family, which is the basic foundation of society.

3. Both spouses have the same rights and duties. All children are equal before the law, regardless of their parentage.

Article 14

The right to privacy, honour and reputation shall be guaranteed. All shall be protected by law against unlawful interference in their family and private life.

Article 15

Inviolability of the dwelling shall be guaranteed. No one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of flagrant delicto. The privacy of communication shall also be guaranteed, except upon a reasoned court order.

Article 16

The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people.

Article 17

The right to associate for a lawful purpose shall be recognised. A law shall establish a Registry of the associations which may be constituted.

Article 18

The right to form and maintain managerial, professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organizations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically.

Article 19

Workers and employers have the right to defend their own economic and social interests. A Law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.

Article 20

1. All persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.

2. Freedom of teaching and of establishing teaching centres shall be recognised.

3. Parents have the right to decide the type of education for their children. They also have the right to moral or religious instruction for their children in accordance with their own convictions.

Article 21

1 Everyone has the right to move freely throughout the national territory and to enter and leave the country in accordance with the laws.

2. Andorran nationals and lawful resident aliens have the right freely to choose their residence in Andorra.

Article 22

The non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by law, after a non-appealable court decision, if the interested person exercises his or her right to jurisdiction.

Article 23

Everyone with a direct interest has the right to petition the public authorities in the form and with the effects provided by law.

Chapter IV. Political rights of Andorran nationals

Article 24

All Andorrans of age, in full use of their rights, enjoy the right of suffrage.

Article 25

All Andorran nationals have the right of accession to public service and office under the same conditions and in accordance with the requirements determined by law. The exercise of institutional posts is reserved to Andorrans, with the exceptions that may be provided for in this Constitution or in international treaties.

Article 26

Andorrans have the right freely to create political parties. Their functioning and organization must be democratic and their activities lawful. The suspension of their activities and their dissolution is the responsibility of the judicial organs.

Chapter V. Rights, and economic, social and cultural principles.

Article 27

1. Private property and the rights of inheritance are recognised without other limits than those derived from the social function of property.

2. No one shall be deprived of his or her goods or rights, unless upon justified consideration of the public interest, with just compensation by or pursuant to a law.

Article 28

The right of enterprise shall be recognised within the framework of the market economy and in accordance with the law.

Article 29

All persons have the right to work, to their promotion through work, and to just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation.

Article 30

The right to health protection and to receive services to look after personal needs shall be respected. With that intent the State shall guarantee a system of Social Security.

Article 31

The State has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna.

Article 32

The State may intervene in the ordering of the economic, commercial, labour and financial system to make possible, within the frame of a market economy system, the balanced development of the society and general welfare.

Article 33

The public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing.

Article 34

The State shall guarantee the conservation, promotion and diffusion of the historical, cultural and artistic heritage of Andorra.

Article 35

The rights of consumers and users shall be guaranteed by law and protected by the public authorities.

Article 36

The State may create media of social communication. In accordance with the principles of participation and pluralism, a law will regulate their organization and control by the Consell General.

Chapter VI Duties of Andorran nationals and of aliens

Article 37

All individuals and juridical persons shall contribute to the public expenditure depending on their economic capacity, by means of a just taxing system, pursuant to a law and founded upon the principles of generality and equitative distribution of tax burdens.

Article 38

The State may create by law types of community service to pursue tasks of general interest.

Chapter VII. Guarantees of rights and freedoms

Article 39

1. The rights and freedoms recognised in chapters III and IV of this Title bind immediately all public authorities as directly enforceable law. Their contents cannot be limited by law and are protected by the Courts.

2. Aliens legally resident in Andorra can freely exercise the rights and freedoms of chapter II of this Title.

3. The rights of chapter V form the basis of the legislation and the actions of the public authorities, but they may only be invoked within the conditions determined by the laws.

Article 40

The exercise of the rights recognised in this Title may only be regulated by law. The rights of chapters III and IV shall be regulated by means of lleis qualificades.

Article 41

1. The rights and freedoms recognised in chapters 111 and IV are protected by regular courts through urgent and preferent proceedings regulated by law, which in any case shall be transacted in two instances.

2. Alaw shall create an exceptional Procedure of Appeal before the Tribunal Constitucional against the acts of the public authorities which may violate the essential contents of the rights mentioned in the paragraph above, with the exception of the case provided for in article 22.

Article 42

1. ALlei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern in case of natural catastrophes, for a term of fifteen days, notifying the Consell General. The latter shall also be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorisation of the Consell General. Any extension of these states requires the necessary approval of the Consell General.

2. Under the state of alarm the exercise of the rights recognised in articles 21 and 27 may be limited. Under the state of emergency the rights covered by articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The application of this suspension to the rights covered in articles 9.2 and 15 must apply under the control of the judiciary notwithstanding the procedure of protection established in article 9.3.

TITLE III

THE COPRÍNCEPS

Article 43

1. Inaccordance with the institutional tradition of Andorra, the Coprínceps are, jointly and indivisibly, the Cap de l'Estat, and they assume its highest representation.

2. The Coprínceps, an institution which dates from the Pareatges and their historical evolution, are in their personal and exclusive right, the Bishop of Urgell and the President of the French Republic. Their powers are equal and derive from the present Constitution. Each of them swears or affirms to exercise their functions in accordance with the present Constitution.

Article 44

1. The Coprínceps are the symbol and guarantee of the permanence and continuity of Andorra as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the neighbouring States. They proclaim the consent of the Andorran State to honour its international obligations in accordance with the Constitution.

2. The Coprínceps arbitrate and moderate the functioning of the public authorities and of the institutions, and are regularly informed of the affairs of the State by their own initiative, or that of the Síndic General or the Cap de Govern.

3. Except for the cases provided for in this Constitution, the Coprínceps are immune from suit. The acts of the Coprínceps are under the responsibility of those who countersign them.

Article 45

1. The Coprínceps, with the countersignature of the Cap de Govern, or when appropriate, of the Síndic General, as politically responsible:

a) Call for general elections in accordance with the Constitution.

b) Call for a referendum in accordance with articles 76 and 106 of the Constitution.

c) Appoint the Cap de Govern following the procedure provided for in the Constitution.

d) Sign the decree of dissolution of the Consell General following the procedure of article 71 of the Constitution.

e) Accredit diplomatic representatives of Andorra to foreign States. Foreign envoys present credentials to each of the two.

f) Appoint the holders of office of the other institutions of the State in accordance with the Constitution and the laws.

g) Sanction and enact the laws in accordance with article 63 of this Constitution.

h) Express the consent of the State to honour its international treaties under the provisions of chapter III of Title IV of the Constitution.

i) Perform such other functions as may specifically be conferred to them by the Constitution.

2. The dispositions provided for in letters g) and h) of this article shall be simultaneously brought to the attention of each Copríncep, who shall sanction and enact them or express the consent of the State, as may fit the case, and the Coprínceps shall ordain their publication within the period between the eighth and the fifteenth days thereafter.

In that period the Coprínceps, individually or jointly, may send a reasoned message to the Tribunal Constitucional, so that this institution may render judgment on their constitutionality. If the resolution is positive the act may be sanctioned with the signature of at least one of the Coprínceps.

3. When there may be circumstances impairing one of the Coprínceps from formalising the acts listed in part 1 of this article within the periods constitutionally provided for, his representative shall make it known to the Síndic General, or when appropriate, to the Cap de Govern. In that case, the acts, norms or decisions in question shall take effect once the aforementioned days have elapsed with the signature of the other Copríncep and the countersignature of the Cap de Govern, or, when appropriate, the Síndic General.

Article 46

1. The Coprínceps may perform the following acts of their free will:

a) The combined exercise of the prerogative of grace.

b) The creation and structuring of the services considered to be necessary for the performing of their institutional functions, the appointment of the holders of these services and their accreditation to all effects.

c) The appointment of the members of the Consell Superior de la Justícia, in accordance with article 89.2 of the Constitution.

d) The appointment of the members of the Tribunal Constitucional, in accordance with article 96.1 of the Constitution.

e) The requirement of a preliminary judgment of unconstitutionality of the laws.

f) The requirement of a judgment about the unconstitutionality of international treaties, prior to their ratification.

g) The lodging of conflict before the Tribunal Constitucional in relation to their constitutional functions, under the provisions of articles 98 and 103 of the Constitution.

h) The granting of the agreement for the adoption of the text of an international treaty, in accordance with the provisions of article 66, before its parliamentary approval.

2. The acts derived from articles 45 and 46 are exercised by the Coprínceps personally, except for the faculties provided for in letters e), f), g), and h) of this article, which may be performed by delegation.

Article 47

The General Budget of the Principality shall assign an equal amount to each Copríncep, for the functioning of their services, which amount they may freely dispose of.

Article 48

Each Copríncep appoints a personal representative in Andorra.

Article 49

In case of vacancy of one of the Coprínceps the present Constitution recognises the validity of the mechanisms of substitution provided for in their respective legal systems, so as not to interrupt the normal functioning of the Andorran institutions.

TITLE IV

THE CONSELL GENERAL

Article 50

The Consell General, which expresses the mixed and apportioned representation of the national population and of the seven Parròquies, represents the Andorran people, exercises legislative powers, approves the budget of the State and prompts and controls the political action of the Govern.

Chapter 1. Organization of the Consell General

Article 51

1. The Consellers are elected by universal, free, equal and direct suffrage for a four-year term. Their mandate shall cease four years after their election or on the day that the Consell General is dissolved.

2. Elections shall be held between the thirtieth and fortieth days following the dissolution of the Consell General.

3. All Andorran nationals fully enjoying their political rights are entitled to vote and to be eligible for election.

4. ALlei Qualificada shall regulate the electoral system and shall envision the causes for ineligibility or incompatibility of Consellers.

Article 52

The Consell General consists of a minimum of twenty-eight and a maximum of forty-two Consellers Generals, half of whom shall be elected in an equal number by each of the seven Parròquies and the other half elected on the basis of a national single constituency.

Article 53

1. The members of the Consell General have the same representativity, are equal in terms of rights and duties and are not subject to any form of imperative mandate. Their vote is personal and may not be delegated.

2. The Consellers may not be called to account for votes cast or any utterances made in the exercise of their functions.

3. Throughout their term the Consellers may not be arrested or detained, except in the cases of flagrant delicto. But for that case, their detention and prosecution shall be decided by the plenary session of the Tribunal de Corts and the trial shall be held by the Tribunal Superior.

Article 54

The Consell General draws up and modifies its own Rules of Procedure, with a majority vote of the Chamber, it fixes its budget and regulates the statute of the staff at its service.

Article 55

1. The Sindicatura is the ruling organ of the Consell General.

2. The Consell General assembles in its inaugurating session fifteen days after the proclamation of the electoral results. The Síndic General, the Subsíndic General and, should this be the case, the other members who may statutorily be part of the Sindicatura, shall be elected in that same session.

3. The Síndic General and the Subsíndic General may not exercise their office for more than two consecutive full terms.

Article 56

1. The Consell General meets in traditional ordinary and extraordinary sessions, convened in the form prescribed in the Rules of Procedure. There shall be two ordinary periods of session throughout the year, as prescribed in the Rules of Procedure. The sessions of the Consell General are public, unless otherwise decided by the absolute majority of its members.

2. The Consell General functions as a Plenum or in committees. The Rules of Procedure shall provide for the formation of legislative committees such that they represent the composition of the Chamber.

3. The Consell General appoints a Comissió Permanent to safeguard the powers of the Chamber while it is dissolved or in the period of recession. The Comissió Permanent, under the presidency of the Síndic General, shall be formed in a way that will represent the apportioned composition of the Chamber.

4. The Consellers may form grups parlamentaris. The Rules of Procedure shall provide for the rights and duties of the Consellers and of the grups parlamentaris, as well as for the statute of those Consellers not attached to a group.

Article 57

1. The resolutions of the Consell General shall only take effect when it meets with the minimum attendance of half of the Consellers.

2. The resolutions take effect when approved by the simple majority of the Consellers present, notwithstanding the special majorities prescribed in the Constitution.

3. The approval of the lleis qualificades prescribed by the Constitution requires the final favourable vote of the absolute majority of the members of the Consell General, except for the Lleis Qualificades of elections and referendums, as well as for those of communal competence, and of transference to the Comuns, the approval of which requires the final favourable vote of the absolute majority of Consellers elected in parish constituencies and the absolute majority of Consellers elected in the national constituency.

Chapter II. Legislative procedure

Article 58

1. The legislative initiative corresponds to the Consell General and to the Govern.

2. Three Comuns jointly or a tenth part of the electoral roll may put forward Private Members' Bills to the Consell General.

3. Govern Bills and Private Members' Bills shall be examined by the Plenum of the Chamber and by the committees in the form prescribed by the Rules of Procedure.

Article 59

The Consell General may delegate the exercise of the legislative function to the Govern, by means of a law. This function may not be sub-delegated. The law of delegation determines the matter delegated, the principles and directives under which the corresponding legislative decree of the Govern shall be issued, as well as the term of its exercise. The authorization will provide for the parliamentary forms of control of the delegated legislation.

Article 60

1. Incases of extreme urgency and need, the Govern may present the Consell General with an articled text for approval as a law, in a vote on the whole text, within the period of forty-eight hours.

2. The matters reserved to a Llei Qualificada may not be subject to legislative delegation or to the procedure provided for in part 1 of this article.

Article 61

1. The initiative of the Bill of the General Budget corresponds exclusively to the Govern, which has to submit it for parliamentary approval at least two months prior to the expiration of the previous budget.

2. The Bill of the General Budget shall be given priority over other matters and it will be carried out in accordance with a specific procedure, as prescribed in the Rules of Procedure.

3. If the Bill of the General Budget has not yet been approved on the first day of the corresponding fiscal year, the Budget of the previous year shall automatically be extended until the new one may be approved.

4. The Bill of the General Budget may not impose taxes.

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Constitutional Law Of The Republic Of Angola

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Constitutional Law Of The Republic Of Angola

August 1992

Constitution

LAW ON THE AMENDMENT OF THE CONSTITUTION

The amendments to the Constitutional Law introduced in March 1991 through Law No. 12/91 were mainly aimed at creating the requisite constitutional framework for the establishment of multiparty democracy, broadening recognition and guarantees of the fundamental rights and freedoms of citizens, and constitutionally enshrining the basic principles of a market economy.

Since it was only a partial revision of the Constitutional Law, as necessary as it was urgent, some constitutionally appropriate and important aspects related to the organization of a democratic State based on the rule of law were quite rightly left to be properly dealt with in the Constitutional Law, through a second constitutional revision.

As a consequence of the constitutional enshrinement of the establishment of multiparty democracy and the signing, on 31 May 1991, of the Angola Peace Accords, for the first time in the country's history multiparty general elections based on direct and secret universal suffrage were held in September 1992 to chose the President of the Republic and Members of the future Parliament.

Without detracting from the powers of the National Assembly to amend the current Constitutional Law and approve the Constitution of the Republic of Angola, it has become indispensable to proceed with the immediate amendment of the Constitutional Law, as planned, aimed essentially at clarification of the political system, the separation of the functions and the interdependence of sovereign bodies, and also at making the status and guarantees of the Constitution explicit, in accordance with the enshrined principles of building a democratic State based on the rule of law in Angola.

It is indispensable to stability in the country and to the consolidation of peace and democracy that the nation's sovereign bodies, specifically those emerging from the September 1992 general elections, should have at their disposal a clear basic law related to the essential outlines of the political system, the powers of the nation's sovereign bodies, the organization and functioning of the State, until such time as the future legislative body decides, exercises its constitutional amendment powers and approves the Constitution of the Republic of Angola. The present Law on the Amendment of the Constitution introduces, generically, the following major amendments: The State becomes the Republic of Angola and the legislative body the National Assembly, and the courts are no longer prefixed by the term "People's". In Part 11, under fundamental rights and duties, a few new articles have been added aimed at reinforcing recognition and guarantees of fundamental rights and duties, based on the principles of the major international treaties on human rights to which Angola has already adhered. In Part 111, under State bodies, far-reaching changes have been introduced leading to the complete re-drafting of the previous text. The purpose of the changes is to establish clearly that Angola is a democratic State based on the rule of law and a model of State organization founded on the separation of functions and interdependence of sovereign bodies and on a semi-presidential system in which the President of the Republic has an active role. Substantial changes have also been made, for the same purpose, in the part related to the administration of justice and the organization of the judiciary, and the essential outlines of the constitutional status of judicial and Ministry of Justice judges have been set out. The provisions referring to the monitoring of the Constitution by a Constitutional Court, as well as the procedures, powers and limits of constitutional amendment, are specifically dealt with in a separate part of the Constitutional Law, after the part on National Defenses.

Under these terms, in accordance with Article 51 (a) of the Constitutional Law and using the powers conferred on me by Article 47 (q) of that Law, the People's Assembly approves and I sign and order publication of the following:

ARTICLE 1

The amendments the Constitutional Law contained in the attached document, which are an integral part of the present Law, have been approved.

ARTICLE 2

The present Law shall enter into force on the date of publication thereof, without prejudice to the provisions of the following articles.

ARTICLE 3

1. The People's Assembly shall continue to function until the swearing in of the Members of the National Assembly elected in the legislative elections of 29 and 30 September 1992.

2. The Provincial Popular Assemblies shall cease their mandate on the swearing in of the Members of the National Assembly referred to in the foregoing clause.

ARTICLE 4

1. During the transitional period referred to in the foregoing article, the President of the Republic shall be the President of the People's Assembly and Head of Government.

2. Inthe event of the temporary absence or disability of the President of the People's Assembly, meetings thereof shall be directed by a member of the Standing Commission nominated by the President of the People's Assembly.

ARTICLE 5

1. The term of office of the President of the Republic incumbent on the date of publication of the present Law shall be deemed valid and extended until the swearing in of the President of the Republic elected in the presidential elections of 29 and 30 September 1992.

2. Inthe event of the death or permanent disability of the current President of the Republic, the Standing Commission of the People's Assembly shall nominate from among its members for a period not exceeding 30 days a Member to hold that office temporarily, and the People's Assembly, on the proposal of the Standing Commission, shall elect an interim President of the Republic until the swearing in of the President of the Republic elected in the next presidential elections by direct and secret universal suffrage.

ARTICLE 6

Until such time as the Constitutional Court has been instituted, the Supreme Court shall exercise the powers provided for in Articles 134 and 135 of the Constitutional Law.

ARTICLE 7

Until such time as the High Council of the Judicial Bench is instituted, a full meeting of the Supreme Court shall discharge the duties provided for in Article 132.

ARTICLE 8

Until such time as the High Council of the Ministry of Justice Bench is instituted, the officers of the Attorney General's Office shall discharge the duties assigned to that body.

ARTICLE 9

Until such time as the Judicial Proctorate is instituted, the general duties assigned to it in the Constitutional Law shall be discharged by the Attorney General.

ARTICLE 10

1. Officers in the Angolan Armed Forces shall not be dismissed or relieved of their duties for political reasons.

2. Officers who are members of the High Command of the Armed Forces and the General States thereof shall not be dismissed or relieved of their duties for a period of five years from the date of publication of the present Law, except for reasons of discipline or incapacity, in accordance with the law on the rules of military service.

ARTICLE 11

The members of the Council of the Republic on the date of publication of the present Law shall end their term of office after the general multiparty elections of 29 and 30 September 1992, on the swearing in of the new members of the Council of the Republic, in accordance with Article 77 of the Constitutional Law.

ARTICLE 12

The first legislative session of the National Assembly elected in the general multiparty elections of 29 and 30 September 1992 shall open within thirty days of the publication of the final results of the count or, in the event of a second round of presidential elections, within fifteen days of the swearing in of the President of the Republic.

ARTICLE 13

The sovereign bodies emerging from the presidential and legislative elections of 29 and 30 September 1992 shall regulate the form, organization and terms of the said swearing in, after hearing the Supreme Court in the case of the swearing in of the President of the Republic.

ARTICLE 14

The Constitutional Law of the Republic of Angolashall remain in force until the entry into force of the Constitution of Angola, approved by the National Assembly in accordance with the provisions of Article 150 of the Constitutional Law and those ensuing.

Seen and approved by the People's Assembly.

To be published.

Luanda, 25 August 1992.

THE PRESIDENT OF THE REPUBLIC JOSE EDUARDO DOS SANTOS

Constitution

PART I -- FUNDAMENTAL PRINCIPLES

ARTICLE 1

The Republic of Angola shall be a sovereign and independent nation whose primary objective shall be to build a free and democratic society of peace, justice and social progress.

ARTICLE 2

The Republic of Angola shall be a democratic State based on the rule of law, national unity, the dignity of the individual, pluralism of expression and political organization, respecting and guaranteeing the basic rights and freedoms of persons, both as individuals and as members of organized social groups.

ARTICLE 3

1. Sovereignty shall be vested in the people, who shall exercise it in the manner provided for in the present Law.

2. The Angolan people shall exercise political power through periodic universal suffrage to choose their representatives, by means of referendums and other forms of democratic participation in national life.

3. Special laws shall regulate the process of general elections.

ARTICLE 4

1. Political parties, within the framework of the present law and statutory laws, shall compete, on the basis of a project for society and a political program, to organize and express the will of citizens, participating in political life and the exercise of universal suffrage by democratic and peaceful means.

2. Political parties shall, in their objectives, program and activity, contribute to:

(a) The consolidation of the Angolan nation, national independence and strengthened national unity;

(b) The safeguarding of territorial integrity;

(d) The protection of fundamental freedoms and the rights of the individual;

(e) The defense of the republican form and unitary and secular nature of the State.

3. Political parties shall be entitled to equal treatment by those exercising public power, as well as to equal treatment by the press, in accordance with the law.

4. The constitution and functioning of parties shall, in accordance with the law, comply with the following fundamental principles:

(a) National in character and scope;

(b) Free constitution;

(d) Freedom of membership and single membership;

(e) Exclusive use of peaceful means in pursuing their aims, prohibiting the creation or

use of military, paramilitary or militarized organizations;

(f) Democratic organization and functioning;

(g) Prohibition to receive contributions of monetary or economic value from foreign governments or governmental institutions.

ARTICLE 5

The Republic of Angola shall be a unitary and indivisible State whose inviolable and inalienable territory shall be that defined by the present geographical limits of Angola, and any attempt at separatism or dismemberment of its territory shall be vigorously combated.

ARTICLE 6

The State shall exercise its sovereignty over the territory, internal and territorial waters, air space, soil and sub-soil.

ARTICLE 7

Economic, social and cultural solidarity between all regions of the Republic of Angola shall be promoted and intensified, with a view to the common development of the Angolan nation as a whole.

ARTICLE 8

1. The Republic of Angola shall be a secular State, and there shall be separation between the State and churches.

2. Religions shall be respected and the State shall protect churches and places and objects of worship, provided they abide by the laws of the State.

ARTICLE 9

The State shall guide the development of the national economy, with a view to guaranteeing harmonious and balanced growth of all sectors and regions of the country, and rational and efficient use of all productive capacity and national resources, as well as heightening the well-being and quality of life of citizens.

ARTICLE 10

The economic system shall be based on the coexistence of diverse forms of property - public, private, mixed, cooperative and family - and all shall enjoy equal protection. The State shall encourage participation in the economic process of all agents and forms of property, creating conditions for them to function efficiently in the interests of national economic development and satisfying the needs of citizens.

ARTICLE 11

1. Sectors and activities that remain the preserve of the State shall be determined by law.

2. Inthe use and exploitation of public property, the State shall guarantee efficiency and profitability, in accordance with the proposed aims and objectives.

3. The State shall encourage the development of private, mixed, cooperative and family enterprises, creating conditions for them to operate, and shall give special support to small and medium-scale economic activity, in accordance with the law.

4. The State shall protect foreign investment and foreign property, in accordance with the law.

ARTICLE 12

1. All natural resources existing in the soil and subsoil, in internal and territorial waters, on the continental shelf and in the exclusive economic area, shall be the property of the State, which shall determine under what terms they are used, developed and exploited.

2. The State shall promote the protection and conservation of natural resources guiding the exploitation and use thereof for the benefit of the community as a whole.

3. Land, which is by origin the property of the State, may be transferred to individuals or corporate bodies, with a view to rational and full use thereof, in accordance with the law.

4. The State shall respect and protect people's property, whether individuals or corporate bodies, and the property and ownership of land by peasants, without prejudice to the possibility of expropriation in the public interest, in accordance with the law.

ARTICLE 13

Any nationalization or confiscation carried out under the appropriate law shall be considered valid and irreversible for all legal purposes, without prejudice to the provisions of specific legislation on reprivatization.

ARTICLE 14

1. The fiscal system shall aim at meeting the economic, social and administrative needs of the State and ensuring the fair distribution of income and wealth.

2. Taxes may he created or abolished only by law, which shall determine applicability, rates, tax benefits and guarantees for taxpayers.

ARTICLE 15

The Republic of Angola shall respect and implement the principles of the United Nations Charter, the Charters of the Organization of African Unity and the Movement of Non-Aligned Countries, and shall establish relations of friendship and cooperation with all States, based on the principles of mutual respect for sovereignty and territorial integrity, non-interference in the internal affairs of each country and reciprocal advantages.

ARTICLE 16

The Republic of Angola shall support and be in solidarity with the struggles of peoples for national liberation and shall establish relations of friendship and cooperation with all democratic forces in the world.

ARTICLE 17

The Republic of Angola shall not join any international military organization or permit the establishment of foreign military bases on its national territory.

Constitution

PART II -- FUNDAMENTAL RIGHTS AND DUTIES

ARTICLE 18

1. All citizens shall be equal under the law and shall enjoy the same rights and be subject to the same duties, without distinction as to color, race, ethnic group, sex, place of birth, religion, ideology, level of education or economic or social status.

2. All acts aimed at jeopardizing social harmony or creating discrimination or privileges based on those factors shall be severely punishable by law.

ARTICLE 19

1. Angolan nationality may be by origin or acquired.

2. The requirements for the attribution, acquisition, loss or re-acquisition of Angolan nationality shall be determined by law.

ARTICLE 20

The State shall respect and protect the human person and human dignity. Every citizen shall be entitled to the free development of his or her personality, with due respect for the rights of other citizens and the highest interests of the Angolan nation. The life, freedom, personal integrity, good name and reputation of every citizen shall be protected by law.

ARTICLE 21

1. The fundamental rights provided for in the present Law shall not exclude others stemming from the laws and applicable rules of international law.

2. Constitutional and legal norms related to fundamental rights shall be interpreted and

incorporated in keeping with The Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and other international instruments to which Angola has adhered.

3. Inthe assessment of disputes by Angolan courts, those international instruments shall apply even where not invoked by the parties.

ARTICLE 22

1. The State shall respect and protect the life of the human person.

2. The death penalty shall be prohibited.

ARTICLE 23

No citizen may be subjected to torture or any other cruel, inhuman or degrading treatment or punishment.

ARTICLE 24

1. All citizens shall have the right to live in a healthy and unpolluted environment.

2. The State shall take the requisite measures to protect the environment and national species of flora and fauna throughout the national territory and maintain ecological balance.

3. Acts that damage or directly or indirectly jeopardize conservation of the environment shall be punishable by law.

ARTICLE 25

1. Any citizen may move freely and reside in any part of the national territory, and shall not be impeded from so doing for political or any other reasons, except in cases provided for under Article 50 of the present Law, and where for the protection of the economic interests of the nation the law determines restrictions on citizens having access to or residing in reserve or mining areas.

2. All citizens shall be free to leave and enter the national territory, without prejudice to limitations stemming from the fulfillment of legal duties

ARTICLE 26

Any foreign or expatriate citizen shall be guaranteed the right to ask for asylum in the event of persecution for political reasons, in accordance with the laws in force and international instruments.

ARTICLE 27

1. The extradition or expulsion of Angolan citizens from the nations territory shall not be permitted.

2. The extradition of foreign citizens for political motives or for charges punishable by the death penalty under the laws of the applicant county shall not be permitted.

3. Inaccordance with the law, Angolan courts shall know the charges made against citizens whose extradition is not permitted under the foregoing clauses of the present Article.

ARTICLE 28

1. It shall be the right and duty of all citizens aged over 18, other than those legally deprived of political and civil rights, to take an active part in public life, to vote and stand for election to any State body, and to fulfill their offices with full dedication to the cause of the Angolan nation.

2. No citizen shall suffer discrimination in respect of employment, education, placement, professional career or social benefits to which he or she is entitled owing to political posts held or to the exercise of political rights.

3. The law shall establish limitations in respect of the non-party affiliations of soldiers on active service, judges and the police forces, as well as the electoral incapacity of soldiers on active service and police forces.

ARTICLE 29

1. The family, the basic nucleus of social organization, shall be protected by the State,

whether based on marriage or de facto union.

2. Men and women shall be equal within the family, enjoying the same rights and having the same duties.

3. The family, with special collaboration by the State, shall promote and ensure the all-round education of children and young people.

ARTICLE 30

1. Children shall be given absolute priority and shall therefore enjoy special protection from the family, the State and society with a view to their all-round development.

2. The State shall promote the harmonious development of the personality of children and young people and create conditions for their integration and active participation in the life of society.

ARTICLE 31

The State, with the collaboration of the family and society, shall promote the harmonious development of the personality of young people and create conditions for fulfillment of the economic, social and cultural rights of the youth, particularly in respect of education, vocational training, culture, access to a first job, labor, social security, physical education, sport and use of leisure time.

ARTICLE 32

1. Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed.

2. The exercise of the rights set out in the foregoing clause shall be regulated by law.

3. Groupings whose aims or activities are contrary to the fundamental principles set out in Article 158 of the Constitutional Law and penal laws, and those that, even indirectly, pursue political objectives through organizations of a military, paramilitary or militarized character, secret organizations and those with racist, fascist or tribalist ideologies shall be prohibited.

ARTICLE 33

1. The right to professional and trade union organization shall be free, and the forms in which it is exercised shall be guaranteed by law.

2. All citizens shall have the right to organize and take part in trade union activity, which shall include the right to constitute and freely join trade unions.

3. Adequate protection for the elected representatives of workers against any form of restriction, constraint or limitation on the performance of their duties shall be established by law.

ARTICLE 34

1. Workers shall have the right to strike.

2. Aspecific law shall regulate the exercise of the right to strike and limitations thereto in essential services and activities, in the pressing public interest.

3. Lockouts shall be prohibited.

ARTICLE 35

Freedom of the press shall be guaranteed and may not be subject to any censorship, especially political, ideological or artistic.

The manner of the exercise of freedom of the press and adequate provisions to prevent and punish any abuse thereof shall be regulated by law.

ARTICLE 36

1. No citizen may be arrested or put on trial except in accordance with the law, and all accused shall be guaranteed the right to defense and the right to legal aid and counsel.

2. The State shall make provision to ensure that justice shall not be denied owing to insufficient economic means.

3. No one shall be sentenced for an act not considered a crime at the time when it was committed.

4. The penal law shall apply retroactively only when beneficial to the accused.

5. The accused shall be presumed to be innocent until a judicial decision is taken by the court.

ARTICLE 37

Preventive detention shall be permitted only in cases provided for by the law, which shall establish the limits and periods thereof.

ARTICLE 38

Any citizen subject to preventive detention shall be taken before a competent judge to legalize the detention and be tried within the period provided for by law or released.

ARTICLE 39

No citizen shall be arrested without being informed of the charge at the time of arrest.

ARTICLE 40

Any arrested citizen shall have the right to receive visits from family members and friends, and to correspond therewith, without prejudice to the conditions and restrictions provided for by law.

ARTICLE 41

Any citizen sentenced shall have the right to appeal to the competent court or to the Supreme Court against the judicial decision taken in accordance with the law.

ARTICLE 42

1. To prevent any abuse of power through imprisonment or illegal detention, a writ of habeas corpus may be presented to the competent legal court by the person concerned or any other citizen.

2. The right to habeas corpus shall be regulated by law.

ARTICLE 43

Citizens shall have the right to contest and take legal action against any acts that violate their rights as set out in the present Constitutional Law and other legislation.

ARTICLE 44

The State shall guarantee the inviolability of the home and the secrecy of correspondence, with limitations especially provided for by law.

ARTICLE 45

Freedom of conscience and belief shall be inviolable. The Angolan State shall recognize freedom of worship and guarantee its exercise, provided it does not conflict with public order and the national interest.

ARTICLE 46

1. Work shall be the right and duty of all citizens.

2. Every worker shall have the right to fair pay, rest, holidays, protection, health and security at work, in accordance with the law.

3. Citizens shall have the right freely to choose and exercise an occupation, apart from requirements established by law.

ARTICLE 47

1. The State shall promote the measures needed to ensure the right of citizens to medical and health care, as well as child, maternity, disability and old-age care, and care in any situation causing incapacity to work.

2. Private and cooperative enterprise in health, social welfare and social security shall be exercised in accordance with the law.

ARTICLE 48

Disabled combatants of the national liberation struggle, the minor children of citizens who died in the war and those physically or mentally handicapped as a result of war shall have special protection, to be established by law.

ARTICLE 49

1. The State shall promote access to education, culture and sports for all citizens, guaranteeing participation by various private agents in the provision thereof, in accordance with the law.

2. Private and cooperative enterprise in education shall be practiced in accordance with the law.

ARTICLE 50

The State shall create the requisite political, economic and cultural conditions to enable citizens effectively to enjoy their rights and fully perform their duties.

ARTICLE 51

The State shall protect Angolan citizens abroad or resident abroad, who shall enjoy the rights and be subject to duties that are not incompatible with their absence from the country, without prejudice to the effects of unjustified absence provided for by law.

ARTICLE 52

1. The exercise of the rights, freedoms and guarantees of citizens may be restricted or suspended only in accordance with the law if such Constitute a threat to public order, community interests, individual rights, freedoms and guarantees, or in the event of the declaration, a state of siege or emergency, and such restrictions shall always be limited to necessary and adequate measures to maintain public order, in the interest of the community and the restoration of constitutional normality.

2. On no account shall the declaration of a state of siege or state of emergency affect the right to life, personal integrity, personal identity, civil capacity, citizenship, the non-retroactive nature of penal law, the right of the accused to defense or freedom of conscience and religion.

3. Astate of siege and state of emergency shall be regulated by a specific law.

Constitution

CHAPTER I -- PRINCIPLES

ARTICLE 53

1. The President of the Republic, the National Assembly, the Government and the Courts shall be sovereign bodies.

Тэги: английском, языке

НА ПРЯМОЙ СВЯЗИ ИЗ ЛОНДОНА

2014-08-07 02:57:19
Видеоурок английского в Кенсингтоне ... курс по изучению английского языка, записала видеоурок ...
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Покупки в английских интернет-магазинах

2014-07-25 10:37:00
... платье в стиле английской розы обошлось мне ... : left;">Также у английских продавцов я заказала ...
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