Abstract

BACELAR GOUVEIA, Jorge. The constitutionalism of Mozambique and its constitution of 2004. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.152, pp.449-475.  Epub Apr 30, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.152.12914.

Constitutionalism of Mozambique should be understood by analysis of its historical and political developments, which are evident four periods: (i) the colonial period of Portuguese occupation; (ii) the period of the First Republic, the Constitution of 1975, the influence of the popular democratic model; (iii) the period of implementation of the Second Republic, with the approval of the 1990 Constitution and the signing of the General Peace Agreement of 1992; (iv) the period of consolidation of the democracy and rule of law by replacing the 1990 Constitution by the 2004 Constitution, already approved by a multi-party parliamentary body.

The current Constitution of the Republic of Mozambique 2004 deepens the political and constitutional program of the Second Republic, corresponding to its fullest, being notorious as fundamental elements of Mozambican Constitutionalism, noting the current Constitution, the principles of the rule of law, republican State, unitary of public power, local governments, representative democracy with referendum and a social State approach.

Keywords : Constitution; Mozambique; constitucional transition; rule of law.

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