CONSTITUTION OF THE REPUBLIC OF MOZAMBIQUE
Article 245
Request for Evaluation of Unconstitutionality
1. The Constitutional Council shall with, general binding force, evaluate and
pronounce upon the unconstitutionality of laws and the illegality of other
normative acts of State offices, at any time during which they are in force.
2. The following may request the Constitutional Council to pronounce upon the
unconstitutionality of laws, or on the illegality of normative acts of State offices:
a) the President of the Republic;
b) the President of the Assembly of the Republic;
c) at least one third of the deputies of the Assembly of the Republic;
d) the Prime Minister;
e) the Attorney General of the Republic;
f) the Ombudsman;
g) two thousand citizens.
3. The law shall establish rules on the admission of actions for the evaluation of
unconstitutionality.
Article 246
Anticipatory Finding of Constitutionality
1. The President of the Republic may request the Constitutional Council to carry
out an anticipatory evaluation of the constitutionality of any legal instrument sent
to him for enactment.
2. Anticipatory evaluation of constitutionality shall be requested within the time
limit established in article 163 (2).
3. When an evaluation of constitutionality has been requested, the time limit for
enactment shall be interrupted.
4. If the Constitutional Council finds that there is no unconstitutionality, the new
time limit for enactment shall run from the date upon which the President of the
Republic is informed of the decision of the Constitutional Council.
5. If the Constitutional Council makes a finding of unconstitutionality, the
President of the Republic shall veto the bill and return it to the Assembly of the
Republic.
Translation by MOZLEGAL – Mozambique's Legal Resource Portal www.mozlegal.com
[email protected] Tel: +258 1 496900 – Fax: +258 1 496802
Directors: José Caldeira - [email protected] & Adrian Frey - [email protected]
MOZLEGAL is a Project of José Caldeira & Associados - Attorneys & Consultants
81