Analysis of dispute settlement on the authority of state institutions in the democratic republic of timor-leste

International Journal of Development Research

Volume: 
12
Article ID: 
25075
15 pages
Research Article

Analysis of dispute settlement on the authority of state institutions in the democratic republic of timor-leste

Andre Pereira Corceiza

Abstract: 

As Thesis entitled: Analysis of Dispute Resolution on the Authority of State Institutions in the Democratic Republic of Timor-Leste. This study examines the dispute over the authority of state institutions in the application of separation of powers. State institutions have the authority and interdependence of the four state institutions in the constitutional family. The four state institutions have the authority and each state institution has its authority determined by the constitution, the authority of the President of the Republic to appoint and swear the prime minister and members of ministers, the National Parliament makes laws, the government runs the wheels of development, the courts enforce law and justice on behalf of the people. The dispute over the authority of state institutions begins with the President of the Republic intervening in the authority of the Court. First, juridical issues, second, sociological issues, third, political issues, fourth, theoretical issues. To understand which state institutions are constitutionally authorized to resolve disputes over the authority of state institutions. The research in this thesis that is examined are: first, what is the legal basis for regulating disputes over the authority of state institutions? second,3 what are the functions and responsibilities of the judiciary in resolving disputes over the authority of state institutions? The purpose of this study is to find out and get appropriate from the research carried out both in theory and practice, the research objective is to find out which state institutions are given the authority to resolve disputes over the authority of state institutions. Descriptive analysis techniques, evaluative analysis techniques, comparative analysis techniques, and argumentative analysis techniques. The theoretical foundations are constitutional theory, separation of powers theory, and authority theory. The concept of the rule of law, the concept of dispute, and the concept of the rule of law. The legal basis for resolving disputes over the authority of state institutions is the 2002 RDTL constitution in Articles 118, 123, 124, 125, 126, and 164. Law number 8 of 2002 dated 20 September amended by law number 11 of 2004 dated 29 December carried out by the Court Great but not effective. It is necessary to form a law on the Constitutional Court and procedures for handling disputes over authority also require mechanisms outside the court (non-judicial) by the functioning of state institutions that have at least a conflict of authority with other state institutions. The functions and responsibilities of the judiciary in resolving disputes over the authority of state institutions, relevant to the function of the judiciary in resolving disputes over state institutions, supervisory functions, responsibilities of the Supreme Court in the judiciary, responsibility for determining decisions, responsibility for finalizing decisions, conclusions and suggestions.

DOI: 
https://doi.org/10.37118/ijdr.25075.09.2022
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