According to the Constitution adopted on March 10, 1990 and entered into force on September 10, 1990 , Sao Tome and Principe is a multiparty parliamentary republic in the form of government.
Content
Constitutional foundations
Changes to the Constitution are made with the approval of two thirds of the deputies of the National Assembly. The initiative may come from deputies and parliamentary groups.
All citizens over 18 years of age have the right to elect and be elected to state bodies. Citizens of the country are guaranteed the freedom to form associations, including political ones, freedom of speech and press, the right to private property, the right to work and to form trade unions.
The head of state and commander-in-chief of the armed forces is the president.
Separation and interaction of different branches of power
The Prime Minister is elected by the National Assembly and approved by the President.
The government is formed by the president on the proposal of the Prime Minister.
The National Assembly may be dissolved by the President after hearing the views of the parties represented in it.
The government should be dismissed if the absolute majority of the National Assembly adopts a censure resolution.
Legislative initiative has deputies, parliamentary groups and the Government.
Executive power
Chief Executive - President. Elected for 5 years in general elections. Limit - 3 terms in a row.
The government consists of the Prime Minister, ministers, state secretaries and deputy state secretaries.
The government is accountable to the President and the National Assembly.
Legislature
Legislature - National Assembly (Assembleia Nacional). Unicameral. Consists of 55 deputies. Elected for a 4-year term in direct general elections.
Powers:
- approve changes to the Constitution;
- to legislate on all issues, except those which are referred by the Constitution to the competence of the Government;
- delegate legislative authority to the Government;
- declare amnesty and general pardon;
- approve the state budget at the suggestion of the Government;
- approve international treaties;
- to propose to the President to submit to a referendum questions of substantial national interest;
- authorize and approve siege and emergency declarations;
- authorize the President to declare war and make peace;
Judicial power
The judiciary in Sao Tome and Principe is represented by:
Constitutional Court
It consists of thirteen judges, ten of whom are appointed by the National Assembly, and three are co-opted by the decision of these ten. Judges are appointed for nine years and cannot be appointed for a second term.
The competence of the Constitutional Court includes:
- supervision of constitutionality and legality;
- certificate of death and a statement of the persistent physical inability of the President to exercise his authority, as well as certification of the presence of temporary obstacles to the exercise of his authority;
- certificate of loss of office by the President;
- the adoption of a court decision in the last instance regarding the electoral process;
- certifying the legitimacy of the constitutions of political parties and their coalitions, as well as assessing the legality of their names, abbreviations, names and symbols, and deciding on their dissolution, according to the Constitution and the law;
Supreme Court and Courts of General Jurisdiction First and Second Institutions
The Supreme Court is the highest authority in the hierarchy of courts, without compromising the competence of the Constitutional Court. Judges are appointed by the National Assembly.
Supreme Administrative Court and other administrative and fiscal courts
The Supreme Administrative Court is the highest authority in the hierarchy of administrative and fiscal courts, without prejudice to the competence of the Constitutional Court.
The competence of administrative and fiscal courts includes judicial review of claims and complaints in order to resolve disputes arising from fiscal and administrative legal relations.
Audit Chamber
The Chamber of Accounts is the supreme body for verifying the legality of public expenditures and for judicial review of financial reports submitted to it in accordance with the law.