Class Constitutional Theory and Constitutional Law

  • Presentation


    The theory of the Constitution and Constitutional Law, within the scope of a CPRI course (1st Cycle of Academic Studies), cannot fail to aim at two objectives that complement each other: “Constitutionalism” and “Constitution”. In fact, “Constitutionalism” will surprise students for the meaning and reach of the theories that underlie the choices about a certain sense of political-state organization reflected in the fundamental law of a given country and the structure of the respective regulations, their interpretation and application. , here reflected in “Constitutional Law”, or in other words, in the “Constitution” in a material sense.

  • Code


  • Syllabus


    1. Constitution Theory

        Constitution concept and the classic functions of the Constitution
        The idea of ¿¿constitutionalism

        The historical matrices of modern constitutionalism
        The constitutional systems
        The Portuguese Constitution and its classification

    2. Constitutional Law

    1. Historical aspects of the Portuguese Constitutions. The 1976 Constitution. The constituent power. Revisions

    2. The system and normative interpretation of the Constitution

    3. Functions of the Constitution

    4. The State. Functions and purposes of the State. Fundamental principles of the State

    5. Fundamental Rights vs human rights. generations of rights

    6. Sovereign bodies. Characterization and skills

    7. The economic Constitution

    8. Inspection and revision of the Constitution


  • Objectives


    This Curricular Unit (UC) is divided into two parts: starting with the Theory of the Constitution, in which the foundations related to the theories that underlie the various constitutions of today's world are highlighted, namely their function, constitutional families and even knowledge of countries, without a single document identifiable as a fundamental law.

    With regard to the second part - Constitutional Law -, the study focuses mainly on the Constitution of 1976, with the aim of encouraging students to understand the thinking of the constituent legislator and the historical-political premises of the various revisions. Since DC is a branch of Public Law, knowledge of the organization and functioning of the State and the articulation with the various constitutionally created powers is essential, as its study will allow students to progress in the various Curricular Units related to Legal Science, Legal Science Politics and Public Administration.


  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    The (innovative) teaching methodologies consist of:
    Exhibition of UC syllabus contents, as well as presentation of themes by the professor for analysis, interpretation and discussion in the classroom, in order to verify if the teachings transmitted and study are being well guided and implemented.
    Continuous assessment has a weighting of 100%, divided into:
    Two (2) written tests, with a weighting of 45% each;

    The remaining 10% are based on participation and the quality of interventions in the classrooms.
    The final exam will be in accordance with the UL Assessment Regulations (100% grading).

  • References


    - Alexandrino, José Melo (2017). Lições de Direito Constitucional. Livros 1 e 2. 3.ª Edição. Lisboa: AAFDL

    - Canotilho, J. J. (2015). Direito Constitucional e Teoria da Constituição. Coimbra: Almedina.

    - Gouveia, Jorge Bacelar (2010). Manual de Direito Constitucional, Vols I. e II. Coimbra: Almedina.

    - Gouveia, Jorge Bacelar (2016). Teoria da Constituição. Coimbra: Almedina.

    - Miranda, Jorge (2020). Curso de Direito Constitucional. Livros 1 e 2. Lisboa: Universidade Católica, Editora.

    - Miranda, Jorge (2020). Teoria da Constituição. Coimbrta: Almedina.

    - Miranda, Jorge (2013). Manual de Direito Constitucional (Tomo II, 7.ª edição). Coimbra: Coimbra Editora.

    - Miranda, Jorge (2010). Manual de Direito Constitucional (Tomo V, 4.ª edição). Coimbra: Coimbra Editora.

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