Judgment Reviews Law at Guinea-Bissau
Guinea-Bissau's judicial system is rooted in a civil law tradition inherited from its colonial past under Portuguese rule. The Constitution of the Republic of Guinea-Bissau, enacted in 1984 and amended in 1991, establishes the framework for the judiciary, including mechanisms for judicial review.
Judicial Review in Guinea-Bissau
Article 126 of the Constitution mandates that courts cannot apply laws or norms that contravene the Constitution or its principles. This provision serves as the foundation for judicial review, allowing courts to assess the constitutionality of laws and ensure that judicial decisions align with constitutional principles
The Supreme Court of Justice, as the highest judicial authority, plays a pivotal role in this process. It has the authority to interpret laws and ensure their conformity with the Constitution. In 2015, the Supreme Court's decision to declare the appointment of the nation's prime minister unconstitutional was highlighted by the United Nations as a positive example of judicial independence
Structure of the Judiciary
Guinea-Bissau's judiciary comprises several levels:
Tribunais de Primeira Instância (First Instance Courts): Handle civil and criminal cases at the local level.
Tribunal da Relação (Court of Appeal): Serves as an appellate court for decisions from the first instance courts.
Supremo Tribunal de Justiça (Supreme Court of Justice): The highest court, responsible for final appeals and constitutional interpretation
Additionally, there are specialized courts such as military, administrative, and tax courts, each with specific jurisdictions.
Challenges and Reforms
Despite the constitutional framework, Guinea-Bissau's judicial system faces significant challenges, including limited resources, understaffing, and corruption. These issues hinder the effective functioning of judicial review mechanisms. The United Nations has reported that justice is often inaccessible to the majority of the population, particularly in rural areas
International partners, such as the United Nations Development Programme (UNDP), have supported initiatives to strengthen the judiciary. For instance, between 2017 and 2021, the UNDP assisted in improving training for judicial actors, increasing the number of women in the legal profession, and enhancing the transparency of recruitment procedures
Conclusion
While Guinea-Bissau's legal framework provides for judicial review to uphold constitutional principles, the effectiveness of these mechanisms is challenged by systemic issues within the judiciary. Ongoing reforms and international support are crucial to enhancing the capacity of the judiciary and ensuring that judicial review functions effectively to protect the rule of law and constitutional rights.
0 comments