CONCEPT OF STATE CONSTITUTIONAL LAW ON TIMOR-LESTE

CONCEPT OF STATE CONSTITUTIONAL LAW ON TIMOR-LESTE

Dr. Lourenço de Deus Wants lulo, L.Dir., MD.

Faculty of Law UNPAZ Timor-Leste

Email: enco681 @ yahoo.com / lourencodedeusmaululo @ gmail.com

Background;

In studying and understanding the law of the State it is necessary to distinguish between the State and the Nation. Nation is a collection of people who are bound for the unity of language and certain regions on earth. Thus the people of Timor-Leste is a group of people who have the same interests and assert itself as a nation as well as the proceeds of the region. While the State is a community which carry a government through a binding legal community with the power to social order.

In a State needed rules to limit the authority of the leaders in order not to act arbitrarily against people. The rules are called laws. The concept of the rule of law there are two concepts of the Continental European (rechtstaat) and the Anglo Saxon concept (Rule of Law). In Timor-Leste embraced the concept of the Continental European (rechtstaat) which is inherited from the Dutch colonial. The term law in Timor-Leste is often translated rechtstaat or Rule Of Law. Rechtstaat idea gaining in popularity the seventeenth century as a result of Europe's social and political situation in dominate by absolutisme. Understand rechtstaat developed by Immanuel Kant (1724-1804) and Friedrich Julius Stahl. While understanding Rule Of Law became known after Albert Venn Dicey in 1885. And published the book Introduction to the Study Of The Law Of the Constitution. Understand the Rule Of Law is based on Anglo-Saxon law system. Or Common Law System.

In a country the fundamental concept define basic foundation of the State itself. Timor-Leste as a country's laws (rechtstaat or Rule Of Law). This is reflected in the Constitution Article 1 (1) "The Democratic Republic of Timor-Leste is a country that is democratic, sovereign, independent and united, by force of law, the will of the People and the respect for human dignity". In addition Article 2 paragraph (1) that, "Sovereignty is in the hands of people who will be using it in the manner and in the form prescribed in the Constitution". consequence that Timor-Leste is the law states that the highest authority in the legal country.

Thought History of the State of Law

The idea of a state of law has been developed by philosophers of Ancient Greece. Thought the state law is a modern idea that multi-perspective and always current. At the time of the Ancient Greeks thought about the state of law developed by Plato (429-374 BC) and Aristotle (384-322 SM0. The concept of a constitutional state according to Aristotle is a country that stands above the law to ensure justice for its citizens. In the Middle Ages the idea of the state of law born as a struggle against the absolute power of the king. the term was derived legal state of the nineteenth century, but the idea of a state of law is growing in the seventeenth century. the idea was to grow in the UK and is the backdrop of the 1688 Revolution Sofya M. the idea was lead as a reaction against the absolute monarchy, and formulated in the charter of the famous "Hill of right 1689 (Great Britain)" which contains the rights and freedoms of citizens and regulation in lieu of the king in the modern era Inggris. On law state concept dominated the Continental European system and Anglo Saxon. the concept of a constitutional state in continental Europe is used by using the German term is "rechtstaat" among other things Immanuel Kant, Paul , Julios Stahl, Fichte, and so on. While the Anglo-American tradition of law state concept was developed with the concept of the Rule Of Law pioneered by AV Dicey. Besides the concept of a constitutional state is also associated with the term nomokrasi (Nomocratie) means in the organization of state power is the law. Immanuel Kant provides an overview of the state of law as a night watchman state task means simply keeping course, the rights of the people should not be harassed or violated, regarding prosperity people of the state should not interfere.

According to Immanuel Kant, there are two principal who continue to be inspired the development of the principles of a constitutional state is the limitation of power by rulers and protection of human rights Meanwhile, according to Friedrich Julius Stahl that elements of state law that needs to be protected, namely the protection of human rights.

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