6533b835fe1ef96bd129f263

RESEARCH PRODUCT

O poder moderador nos países africanos de língua oficial portuguesa (PALOP). Panorama de um modelo constitucional programático

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description

For a long time, it was nonsense to defend the thesis that the Portuguese constitutional model could be taken over in the world of Portuguese-speaking Africa (Angola, Cape Verde, Guinea-Bissau, São Tomé and Príncipe, Mozambique). After gaining or declaring independence between 1973 and 1975, they were all inspired by 'socialist or Soviet constitutionalism', to the point of seeking the support of D.R.A. constitutionalists. The separation of powers, which was unacceptable because it was typical of the 'bourgeois constitutionalism' of Western countries, was even rejected in favour of the principle of unity of power, which in fact served the cause of the single party. The idea makes sense, however, if one observes the still fragile democratic and liberal evolution of these countries and the means used to achieve it since the fall of the USSR. The generalised overhaul of the constitutions of the PALOPs between 1990 and 1992 bears witness to this. In fact, under the hardly satisfactory term of semi-presidential regime, it is in fact the Franco-Portuguese heritage of moderating power that has been recovered and has sometimes been set up as a model, not without maintaining the original ambivalence of the concept.