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Powers of the Constitutional Court
The Constitutional Court is responsible, in general, for administering justice in matters of a legal and constitutional nature, in accordance with the Constitution and the law (Article 181(1) of the Constitution of the Republic of Angola).
Under Article 181(2) of the Constitution, the Constitutional Court has the power to:
a) Review the constitutionality of any rules and other acts of the State;
b) Conduct prior review of the constitutionality of laws passed by Parliament;
c) Exercise jurisdiction over other matters of a legal and constitutional, electoral and political-party nature, in accordance with the Constitution and the law;
d) Review on appeal the constitutionality of decisions of other courts that refuse to apply any rule on the grounds of its unconstitutionality;
e) Review on appeal the constitutionality of decisions of other courts that apply rules whose constitutionality was raised during the proceedings.
Powers provided for in the Organic Law of the Constitutional Court
The Organic Law of the Constitutional Court (Law No. 2/08 of 17 June, as amended by Law No. 24/10 of 3 December) sets out these powers in detail in its Article 16. The Court has the power, in particular, to:
a) Review the constitutionality of laws, presidential decrees, resolutions, treaties, conventions and ratified international agreements, and of any rules;
b) Conduct prior review of the constitutionality of laws;
c) Review unconstitutionality by omission;
d) Review, on appeal, the constitutionality of decisions of other courts that refuse to apply any rule on the grounds of its unconstitutionality;
e) Review, on appeal, the constitutionality of decisions of other courts that apply a rule whose constitutionality was raised during the proceedings;
f) Rule, as the court of last instance, on the regularity and validity of elections, deciding appeals lodged against any irregularities in the voting or in the counting of votes, under the Electoral Law;
g) Review the constitutionality of referendums and of constitutional revision;
h) Decide, as the court of last instance and at the request of a Member of the National Assembly, appeals relating to the loss, replacement, suspension and renunciation of a term of office in the National Assembly;
i) Verify the lawfulness of the formation of political parties and coalitions of political parties, and declare their dissolution, under the Political Parties Law;
j) Decide actions challenging elections and decisions of bodies of political parties which, under the law, are open to appeal;
k) Verify and declare the eligibility of candidates for President of the Republic and for Members of the National Assembly, under the Electoral Law;
l) Decide, as the court of last instance, appeals lodged against acts of voter registration;
m) Once the ordinary remedies provided for by law have been exhausted, decide, as the court of last instance, constitutional appeals lodged against judgments and administrative acts that violate principles, fundamental rights, freedoms and guarantees of citizens established in the Constitution (extraordinary appeal on grounds of unconstitutionality);
n) Give an opinion, at the request of the President of the Republic or of the National Assembly, on the interpretation and application of constitutional provisions;
o) Decide conflicts of jurisdiction between constitutional bodies and organs of sovereignty;
p) Exercise the other functions conferred on it by the Constitution and the law.
Note: Law No. 24/10 refers to Article 180 of the Constitution, which was the article on the Constitutional Court in the 2010 wording. Following the 2021 constitutional revision (Law No. 18/21), the matter is governed by Article 181.
Types of cases
The types of cases subject to the jurisdiction of the Constitutional Court are listed in Article 3 of the Constitutional Procedure Law (Law No. 3/08 of 17 June, as amended by Law No. 25/10 of 3 December):
a) Prior review case;
b) Subsequent review case;
c) Case for review of unconstitutionality by omission;
d) Ordinary appeal on grounds of unconstitutionality;
e) Extraordinary appeal on grounds of unconstitutionality;
f) Case concerning the candidacy of the President of the Republic and of Members of the National Assembly;
g) Case concerning electoral disputes;
h) Case concerning referendums;
i) Case concerning parliamentary disputes;
j) Cases concerning political parties and coalitions;
k) Voter registration disputes;
l) Consultation case on the implementation of the Constitution.