Class Constitutional Justice

The inspection of constitutionality is of interest to jurists in general, and not just to those who study Constitutional Law. It largely involves the defense and promotion of rights, freedoms and guarantees, as well as social rights, as well as the respect by legislative and governing bodies of the principles of separation and interdependence of powers. Therefore, it is important to: Know the historical-cultural course of Constitutional justice, in its different models. Understand its connection with political regimes. Analyze the Portuguese system, in a comparative view. To think about the issue of guaranteeing the constitution in the future.

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PART I - Constitutional Justice - General aspects: concept, assumptions, meaning, and value of Constitutional Justice - The issues of Constitutional Justice: The Rule of Law and the supremacy of the Constitution (European and American models) - The models that contribute to Constitutional Justice - the theories (interconstitutionalism, global constitutionalism, and transconstitutionalism) PART II - System of Constitutional Review - Constitutional review in Comparative Law - Constitutional review in Portugal. The Constitutional Court PART III - Current System of Review in Portuguese Law - General Aspects - Concrete Review - Abstract Review of Unconstitutionality by Action - Review of Unconstitutionality by omission PART IV - Unconstitutionality and Guarantee in General - Guarantee and Review - Unconstitutionality in General - Review Decisions - Consequences of unconstitucionality

Students with a special status established by law or regulation that exempts them from mandatory class attendance, but who wish to be included in the continuous assessment scheme, must inform the course instructor as soon as they become aware of this status, and always at least 90 days before the end of classes, so that the instructor can define an alternative form of work or supervision, which may involve the submission of a written paper, the presentation of reports and/or an oral examination.

  MIRANDA, Jorge, Fiscalização da Constitucionalidade, Almedina, 2017. CANOTILHO, J.J. Gomes, Direito constitucional e Teoria da Constituição, 7ª Edição, Coimbra Editora, 2004. MORAIS, Carlos Blanco de, Justiça Constitucional, 2ª Edição, Coimbra 2011. MIRANDA, Jorge e MEDEIROS, Rui, Constituição Portuguesa Anotada, Universidade Católica, 2018. COSTA, José Manuel Cardoso da , Jurisdição Constitucional em Portugal, 3.ª ed., Almedina, 2007.  QUEIROZ, Cristina, Justiça Constitucional, Petrony, 2017.