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Constitutional Law 2017/2018

  • 7 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

That the student is able to:
-Distinguish the Constitutional Law of the remaining branches of law;
- Recognize the concept of constitutional law, its elements and their insertion in the sphere of the Portuguese State.
- Distinguish the varied contents of the term constitution.
- Explain the possibility of creating a constitution and its amendment.
- Identify situations of constitutional review and apply different procedures
- Distinguish the purposes and functions of the state and analyzing its implementation.
- Knowing the fundamental Portuguese law, it may point and recognize the predictions concerning the organization of political power.
- Identify the hierarchical value of different legislative acts;
- Solve practical situations about the exercise of state legislative function.

Recommended Prerequisites

Political Science
Introduction to Law

Teaching Metodology

To comply with the required curriculum development and meet the proposed targets are followed various teaching / learning methodologies. The lecture is not waived where the debate of ideas and the expression of well-founded opinion is a constant, with the analysis and critical review of the Portuguese Constitution, ordinary legislation and Constitutional Court decisions. Alongside the legal resolution of problems proposed allows very close contact with the reality of work and the difficulties and steps that will be outdated in a real context through case studies.

Body of Work

CHAPTER I
1. Constitucional Law - notion
2. Kinds of Constitucional Law
3. Constitucional Law and other matters

CHAPTER II
1. Meenings of the term Constitucion
2. Constitucion’s classification:

CHAPTER III
1. The representative power
2. Constitucion review
2.1. Limits to constitucional review
2.2. Material limits
2.3. Constitucional review on the Portuguese Constitucion
2.4. As a constitucional review can damage the Constituion

CHAPTER IV
1. State’s purposes. Concept.
2. State powers
3. Legislative power on the Portuguese Constitucion
3.1. Formal and material law
3.2. Parliament’s legislative power
3.3. Government’s legislative power
3.4. Autonomy Regions’s legislative power
3.5. Inconstitucional notion

Recommended Bibliography

Bibliografia recomendada
Silva, Maria Manuela Magalhães e Alves, Dora Resende - Noções de Direito Constitucional e Ciência Política. 3.ª edição. Lisboa: Rei dos Livros, 2016.

Canotilho, J. J. Gomes - DIREITO CONSTITUCIONAL E TEORIA DA CONSTITUIÇÃO. Coimbra: Livraria Almedina.

Miranda, Jorge - MANUAL DE DIREITO CONSTITUCIONAL. Coimbra: Coimbra Editora.

Legislação

CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA de 2 de Abril de 1976, na versão da 7.ª Revisão constitucional (Lei Constitucional n.º 1/2005 de 12 de Agosto), edição de Maria Manuela Magalhães Silva, Instituto Superior Bissaya-Barreto, 2007.

WEBGRAFIA
Diário da República - www.dre.pt
Base de dados do Instituto das Tecnologias de Informação na Justiça (jurisprudência) - www.dgsi.pt
Procuradoria Geral da República - www.pgr.pt
Tribunal Constitucional - www.tribunalconstitucional.pt
Assembleia da República - www.parlamento.pt

Complementary Bibliography

Canotilho, J. J. Gomes e MOREIRA, Vital. CONSTITUIÇÃO DA REPÚBLICA PORTUGUESA - ANOTADA. Vol. I e II. Coimbra: Coimbra Editora.
Gouveia, Jorge Bacelar – MANUAL DE DIREITO CONSTITUCIONAL. Coimbra: Livraria Almedina. Tomo I e II.
Loureiro João, Machado Jónatas e Urbano Maria Benedita - DIREITO CONSTITUCIONAL: CASOS PRÁTICOS RESOLVIDOS. Coimbra: Coimbra Editora.
Queiroz, Cristina. DIREITO CONSTITUCIONAL – AS INSTITUIÇÕES DO ESTADO DEMOCRÁTICO E CONSTITUCIONAL. Coimbra: Coimbra Editora.
Medeiros, Rui e Miranda, Jorge – CONSTITUIÇAO PORTUGUESA ANOTADA. Coimbra: Coimbra Editora, Tomo I a III.
Vaz, Manuel Afonso - TEORIA DA CONSTITUIÇÃO - o que é a Constituição, hoje. Coimbra: Coimbra Editora.
Vaz, Manuel Afonso; Carvalho, Raquel; Botelho, Catarina Santos; Folhadela, Inês e Ribeiro, Teresa - DIREITO CONSTITUCIONAL - O Sistema Constitucional Português.Coimbra: Coimbra Editora.

Weekly Planning

THEORETICAL CLASSES
1st week
Presentation.
Bibliographical and methodological guidelines.

Indication of the evaluation system and working classes.
2nd week
CHAPTER I
1. Constitucional Law - notion
1.1. Definition
1.2. Constitutional rules and common standards
3rd week
CHAPTER I
1.3. The appearance of the first written constitutions and background of constitutionalism
2. Kinds of Constitucional Law
3. Constitucional Law and other matters
4th week
CHAPTER II
1. Meenings of the term Constitucion
1.1. Constitutionalism and senses Constitution: the Constitution in a material sense and in the formal sense

1.1.1. The existence of requirements of a formal constitution

1.1.2. The possibility and relative attractiveness of a distinction between the formal constitution and instrumental

1.2. The application of these concepts to the Portuguese constitutional reality

1.2.1. The importance of a formal constitution

1.2.2. The distinction between formal constitution and the broader concept of constitution materials
5th week
CHAPTER II
2. Constitucion’s classification:
2.1. Written constitution and mixed constitution

2.2. Constitution flexible, rigid and semi-rigid

2.3. Constitution normative, nominal and semantic

2.4. Utilitarian and ideological-programmatic constitution
6th week
CHAPTER III
1. The representative power
1.1. Definition and species

1.2. Nature and characteristics

1.3. Ownership of the constituent power

1.4. The constituent power exercise forms
7th week
CHAPTER III
2. Constitucion review
2.1. Limits to constitucional review
2.2. Material limits
2.3. Constitucional review on the Portuguese Constitucion
2.4. As a constitucional review can damage the Constituion
8th week
Conclusion of previous summary.
9th week
CHAPTER IV
1. State’s purposes. Concept.
1.1. Characterization and enumeration of state purposes

1.2. Evolution of state purposes

1.3. The state purposes in the current Portuguese Constitution
2. State powers
2.1. The types of state functions

2.2. The characterization of state functions according to the substantive test

2.3. State functions in the current Portuguese Constitution
10th week
3. Legislative power on the Portuguese Constitucion
3.1. Formal and material law
3.2. Parliament’s legislative power
11th week
3.2.1. The different categories of laws adopted by Parliament

a) constitutional laws and ordinary laws

b) common ordinary laws and strengthened ordinary laws: the statutory laws, organic laws, the laws of bases, laws of legislative authorization, framework laws, the law establishing the great options of the Plan
12th week
3.2.2. The parliamentary legislative process
a) The legislative initiative
b) Discussion and voting
c) Promulgation
d) The ministerial referenda
d) Publication
13th week
3.3. Government’s legislative power
3.3.1. Own legislative powers or independent

3.3.2. Secondary legislative power or dependent

3.3.3. The process of creating ordinances

3.3.4. The parliamentary consideration of decree-laws
3.4. Autonomy Regions’s legislative power
14th week
3.5. Inconstitucional notion
15th week
Reviews of matter.


PRATICAL CLASSES
1st week
\-\-
2nd week
Opening of the course. Presentation of the discipline.
Exhibition on the following methodology. Bibliography statement.
3rd week
Introductory matters to Constitucional Law.
Using the deductive method to achieve the notion of constitutional law.
Analysis of the text of the Portuguese Constitution and subsidiary legislation under the terms.
4th week
Constitutional fase of the state evolution.
Previous portuguese constituions and the 1976 one. Analysis of those texts.
5th week
Study of the Portuguese Constitution.
1976 Portuguese Constitution reviews. Consulting portuguese constitutional laws.
The elements, actions and state tasks. The sovereign bodies.
6th week
The senses and constitution ratings.
Consulting Portuguese Constitution and other texts.
7th week
The constituent power originating and derived - the limits to the power of review. Study of articles of the Portuguese Constitution.
8th week
Mini-test achievement, mixed assessment element.
9th week
The constitutional review power, the current Portuguese Constitution - formal and time limits - carrying out case studies.
10th week
The constitutional review power, the current Portuguese Constitution - material and circumstantial limits - carrying out case studies.
Hierarchy of laws. Case study.
11th week
Hierarchy of laws. Case study.
With concrete examples of the types of legislative acts in the Portuguese Official Journal of the text together with the Publication Act of Diplomas.
12th week
Resolution of case studies on the legislative procedure and the analysis of Constitucional Court cases.
13th week
Resolution of case studies on the legislative procedure.
14th week
Reviews of matter for finals.
15th week
Mini-test achievement, mixed assessment element.

Demonstration of the syllabus coherence with the curricular unit's objectives

Distinguish the Constitutional Law of the remaining branches of law, Recognizing the right and the concept of constitutional law, its elements and their insertion into the sphere of the Portuguese State is achieved through the study of Chapter I. Distinguish the varied contents of the term constitution can be reached with Chapter II. Explain the possibility of creating a constitution and its amendment and Identify situations of constitutional review and apply different procedures can be reached with the contents of Chapter III. Distinguish the purposes and functions of the state and analyzing its implementation can be reached with the contents of Chapter IV, 1 and 2. Knowing the fundamental Portuguese law, it may point and recognize the predictions concerning the organization of political power,Identify the hierarchical value of different legislative acts; Solve practical situations about the exercise of state legislative function are achieved through Chapter IV, section 3.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For all learning objectives uses the lecture method with the debate of ideas and expression well-founded opinion.
to: Distinguish the Constitutional Law of the remaining branches of law. So to Recognize the concept of constitutional law, its elements and their insertion in the sphere of the Portuguese State. - Distinguish the varied contents of the term constitution refers to the analysis and critique of the fundamental law, judgments and other documents.To Explain the possibility of creating a constitution and its amendment. - Identify situations of constitutional review and apply different procedures makes use of the legal problem solving.Knowing the fundamental Portuguese law, it may point and recognize the predictions concerning the organization of political power. - Identify the hierarchical value of different legislative acts uses the methodology of case study. To Solve practical situations about the exercise of state legislative function we use the legal settlement of problems and the analysis of judgments of the Constitutional Court.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Ethical and responsible behaviourYes 
Problem-solvingYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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