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Presentation
Presentation
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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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Bachelor | Semestral | 6
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Year | Nature | Language
Year | Nature | Language
3 | Optional | Português
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Code
Code
ULHT500-16605
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
PART I - Unconstitutionality and Warranty in General.
- The principle of constitutionality
- Unconstitutionality in General
- Warranty and Inspection
- Inspection Decisions
- Consequences of Unconstitutionality
PART II - System for Oversight of Constitutionality
- Inspection of constitutionality in Comparative Law
- The Inspection of Constitutionality in Portugal
PART III - Current Inspection Regime in Portuguese Law
- General aspects
- Concrete Inspection
- Abstract Inspection of Unconstitutionality by Action
- The inspection of unconstitutionality by omission
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Objectives
Objectives
Understanding the central importance of Constitutional Justice in a Rule of Law Understand the different models Understand the importance of knowing the forms of inspection, especially concrete inspection, Explain the different modalities in which it develops
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Teaching methodologies and assessment
Teaching methodologies and assessment
N/a
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References
References
- 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.
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Office Hours
Office Hours
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Mobility
Mobility
No
