Legal Philosophy as the Ethical Foundation of Constitutional Governance in the Democratic Republic of Timor-Leste (RDTL)
Abstract
This article examines legal philosophy as an ethical foundation of constitutional governance in the Democratic Republic of Timor-Leste (RDTL). It argues that constitutional legality cannot be sustained solely through formal legality and institutional design, but requires an ethical grounding derived from legal-philosophical traditions. Using a normative and philosophical approach, the article analyzes how classical and modern strands of legal philosophy—natural law, legal positivism, and constitutional moral reasoning—inform ethical standards in state governance. The study situates Timor-Leste as a post-liberation constitutional state whose democratic legitimacy depends on the integration of constitutional norms with ethical commitments such as justice, accountability, and human dignity. While acknowledging the importance of legal certainty and institutional hierarchy, the article contends that constitutional governance in RDTL must be guided by an ethical conception of the rule of law that transcends procedural compliance. The article contributes to comparative constitutional scholarship by demonstrating how legal philosophy provides a normative framework for ethical constitutionalism in emerging democracies.
Keywords: legal philosophy; constitutional ethics; rule of law; democratic governance; Timor-Leste
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BibTeX
@misc{costa2026legal,
title = {{Legal Philosophy as the Ethical Foundation of Constitutional Governance in the Democratic Republic of Timor-Leste (RDTL)}},
author = {Tonze Yosep B.A. da Costa da Costa},
howpublished = {Zenodo},
year = {2026},
month = oct,
doi = {10.5281/zenodo.23596385},
url = {https://zenodo.org/records/23596385},
note = {CC BY 4.0},
}
RIS
TY - UNPB
TI - Legal Philosophy as the Ethical Foundation of Constitutional Governance in the Democratic Republic of Timor-Leste (RDTL)
AU - Tonze Yosep B.A. da Costa da Costa
PY - 2026
DA - 2026/10/23
PB - Zenodo
DO - 10.5281/zenodo.23596385
UR - https://zenodo.org/records/23596385
AB - This article examines legal philosophy as an ethical foundation of constitutional governance in the Democratic Republic of Timor-Leste (RDTL). It argues that constitutional legality cannot be sustained solely through formal legality and institutional design, but requires an ethical grounding derived from legal-philosophical traditions. Using a normative and philosophical approach, the article analyzes how classical and modern strands of legal philosophy—natural law, legal positivism, and constitutional moral reasoning—inform ethical standards in state governance. The study situates Timor-Leste as a post-liberation constitutional state whose democratic legitimacy depends on the integration of constitutional norms with ethical commitments such as justice, accountability, and human dignity. While acknowledging the importance of legal certainty and institutional hierarchy, the article contends that constitutional governance in RDTL must be guided by an ethical conception of the rule of law that transcends procedural compliance. The article contributes to comparative constitutional scholarship by demonstrating how legal philosophy provides a normative framework for ethical constitutionalism in emerging democracies. Keywords: legal philosophy; constitutional ethics; rule of law; democratic governance; Timor-Leste
ER -