The Adoption of the Semi-Presidential System: Alternatives to the Government System from the Perspective Constitutional Law of Republic Democratic of Timor-Leste – RDTL

Abstract

Semi-presidentialism in Timor-Leste represents a fascinating case of simultaneous transition to independence and democracy, where this system embodies a compromise between political parties and the spread of the Lusophone model. After the August 30, 1999 referendum, Timor-Leste began a process marked by a combination of building the foundations and institutionalizing a modern state with the desire to establish a democratic regime. The debate over presidential power was quite significant, with Fretilin, the historic party that spearheaded the independence struggle, proposing a reduction in presidential powers, while other parties proposed a solution with a strong president. The result of the negotiations dictated a middle-ground solution that, although providing a weaker position for the Head of State in the Lusophone context, still granted the president a significant range of powers. The choice of government system, which was formally decided during the Constituent Assembly process, has its own history. Briefly, this history began at least with the emergence of the Timorese National Resistance Council (Conselho Nacional da Resistência Timorense – CNRT) in 1998 as a collective organization or platform for various forces opposed to Indonesia’s dominance over the territory, and grew stronger after the referendum on August 30, 1999. The semi-presidential system is prone to conflicts between the executive and legislative branches, as well as intra-executive conflicts when the parliamentary center is not controlled by the Executive Party. Institutional conflict, as understood, can become a source of ineffective decision-making processes, or even paralyze them, leading to political deadlock and constitutional crises. This situation arises when the ruling party does not have the support of a parliamentary majority, or even when the ruling party does have support, due to internal disputes among the political forces backing the executive.