Constitutional Law at Mozambique
Constitution of Mozambique - Wikipedia Mozambique's constitutional framework is primarily governed by the Constitution of the Republic of Mozambique, which was adopted on November 16, 2004, and came into force on January 21, 2005. This constitution replaced the 1990 version, marking a significant step in the country's post-civil war democratic consolidation. (Constitution of the Republic of Mozambique, Mozambique, WIPO Lex)
🇲🇿 Key Features of the 2004 Constitution
1. Republican Form of Government
The Constitution establishes Mozambique as a unitary, sovereign, democratic, and social state, with a parliamentary republic system. It emphasizes the separation of powers among the executive, legislative, and judicial branches.
2. Executive Branch
President of the Republic: Serves as both head of state and government, elected for a five-year term with the possibility of re-election.
Prime Minister: Appointed by the President, the Prime Minister is responsible for coordinating and supervising the activities of the government.
3. Legislative Branch
The Assembly of the Republic is a unicameral body composed of members elected through proportional representation. It is responsible for enacting laws, approving the state budget, and overseeing the executive branch. (Mozambique: Assembly Passes Frelimo Constitutional Amendment Definitively - allAfrica.com)
4. Judicial Branch
The judiciary is independent, with the Supreme Court serving as the highest court. The Constitution guarantees the right to a fair trial and access to justice for all citizens. (Mozambique 2004 (rev. 2007) Constitution - Constitute)
5. Fundamental Rights and Freedoms
The Constitution enshrines a broad range of human rights, including:
Freedom of expression, assembly, and association
Right to education, health, and social security
Protection against discrimination
Right to private property (Mozambican nationality law - Wikipedia)
6. Decentralization and Local Government
The Constitution provides for the decentralization of administrative and financial powers to local authorities, aiming to promote local development and citizen participation.
🛠️ Amendments and Reforms
Since its adoption, the Constitution has undergone several amendments to address evolving political and social dynamics:
2018 Amendment: Law No. 1/2018, promulgated on June 11, 2018, introduced significant changes, including the establishment of a Council of State to advise the President on critical matters such as dissolution of the Assembly and declaration of war. It also removed the President's immunity from prosecution, allowing for impeachment proceedings in cases of criminal conduct. (Mozambique: New constitution to reduce presidential powers : Citizenship Rights in Africa Initiative)
2023 Amendment: In August 2023, the Assembly of the Republic passed an amendment to delay the first elections for district assemblies, initially scheduled for 2024, to a later date. This decision was met with opposition from certain political parties, who argued that the amendment should have been subject to a national referendum. (Mozambique: Assembly Passes Frelimo Constitutional Amendment Definitively - allAfrica.com)
📘 Accessing the Constitution
The full text of the Constitution of the Republic of Mozambique, including amendments up to 2018, is available in Portuguese at the Constitute Project.
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