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Guarantee and Amendment of the Constitutional Law

Part V Guarantee and Amendment of the Constitutional Law

Chapter I Monitoring of Unconstitutionality

Article 153
1. Rules in breach of the Constitutional Law or the principles set out therein shall be unconstitutional.

2. The Constitutional Court shall declare the unconstitutional nature of acts of commission or omission.

Article 154
1. The President of the Republic and one-fifth of the Members of the National Assembly may request of the Constitutional Court prior consideration of the constitutional nature of any rule subject to promulgation, signature or ratification by the President of the Republic, namely statutory legal acts, executive laws, decrees or international treaties.

2. Rules in inspects of which prior consideration has been requested of the Constitutional Court shall not be promulgated, signed or until the Constitutional Court has given its ruling.

3. Where rules referred to in the foregoing paragraph are declared to be unconstitutional, the rule shall be vetoed by the President of the Republic and returned to the body that approved it for removal of the part deemed unconstitutional.

Article 155
1. The President of the Republic, one-fifth of the Members of the National Assembly present, the Prime Minister and the Attorney General may request of the Constitutional Court prior consideration of any rules.

2. The declaration of the unconstitutional nature of rules referred to in the foregoing paragraph shall take effect with the entry into force of the rule declared unconstitutional and shall entail redrafting of the rules it may have revoked.

3. In the event of unconstitutional through a breach of the foregoing constitutional rule, the declaration shall take effect only on the entry into force thereof.

4. Exceptions shall be tried cases, unless the Constitutional Court decides otherwise, where the rule complies with penal, disciplinary or mere infringement of company regulations charge, and where the content is unfavorable to the accused.

Article 156
1. The President of the Republic, one-fifth of Members present and the Attorney General may request the Constitutional Court to declare unconstitutionality by omission.

2. If unconstitutionality by omission is verified, the Constitutional Court shall inform the appropriate legislative body accordingly, so that the omission may be remedied.

Article 157
The Constitutional Court shall state its views on the constitutionality of rules submitted to it for consideration within no more than forty-five days.

Chapter II Amendment of the Constitution

Article 158
1. The National Assembly may review the Constitutional Law and approve the Constitution of the Republic of Angola on the decision of two-thirds of Members present.

2. No less than ten Members or the President of the Republic may propose amendment of the Constitution.

3. The Constitutional Law may be amended at any time.

4. The National Assembly shall determine the manner of proposing the drafting of the Constitution of the Republic of Angola.

5. The President of the Republic shall not refuse to promulgate the Law Amending the Constitution of the Republic of Angola adopted in accordance with the first paragraph of the present article.

Article 159
Amendments to and approval of the Constitution of Angola shall comply with the following:

Independence, territorial integrity and national unity;
The fundamental rights and freedoms and guarantees of citizens;
A State based on the rule of law and party political pluralism;
Universal, direct, secret and periodic suffrage for the appointment of the elected office holders of sovereign bodies and local government;
The secular nature of the State and the principle of separation between the State and churches;
The separation and interdependence of the courts.

Article 160
During a state of siege or state of emergency, no amendment of the Constitution shall be made.

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