Constitutional Law and Fundamental Rights
Core concepts
Angola's Constitution (2010) structures the state as a democratic rule-of-law republic with separation of functions among the Executive (President), Legislative (National Assembly) and Judicial (courts). Candidates must know the hierarchy of sources: constitutional norms prevail over ordinary statutes, which prevail over regulations; international treaties duly approved and ratified rank at constitutional or statutory level depending on the incorporation rule. Fundamental rights are located in Title II and include equality, life, liberty, privacy, freedom of expression, property, and access to justice. Rights are generally directly applicable and may be restricted only by law, for a legitimate aim, and proportionately, without destroying the essential core.
Traps
- Confusing the President's dual role as Head of State and Head of the Executive.
- Assuming all rights are absolute; most are subject to a legal reservation (reserva de lei).
- Mixing up the constitutional review bodies and the effects of unconstitutionality (nullity versus annulment).
- Treating the Public Prosecutor's Office as part of the judiciary in the strict sense.
Rule of thumb
When a question asks whether a restriction is valid, run the four-step test: legal basis, legitimate purpose, necessity, proportionality. If any step fails, the restriction is unconstitutional.
Worked example
A municipal ordinance bans all public gatherings without prior authorisation. This fails the legal-basis test (municipal ordinances cannot restrict a fundamental right reserved to law) and the proportionality test, so it is invalid regardless of the aim.