Constitutional Theory and Constitutional Law

Part of this Programme

European Studies and International Relations

Level of Qualification|Semesters|ECTS

Bachelor | Semestral | 5

Year | Type of course unit | Language

2 |Mandatory |Português

Total of Working Hours | Duration of Contact (hours)

125 | 45

Code

ULHT450-14175

Recommended complementary curricular units

n/a

Prerequisites and co-requisites

n/a

Precedences

Não

Professional Internship

Não

Syllabus

1. Presentation of the UC: Explanation of the Program. Bibliography. Assessment methods 2/3. Constitutional Law: Historical aspects of the Portuguese Constitutions. The CRP of 76: historical moment, approval and publication. Reviews. Systematics. 3/5. Fundamental Principles of the Portuguese State 6. Holiday 7/11. Fundamental rights vs. human rights. Catalog and out-of-catalog rights. Generations of rights. Exercises: analysis and discussion. 13/20. Bodies of sovereignty: characterization and competencies. Exercises: analysis and discussion. 21. Reviews. 22. 1st Test 23/24. Political Power and Functions of the State 25. Inspection and review of the CRP. 26/27. Theories / methods of interpretation of the Constitution (Constitution Theory). 28. Reviews 29. 2nd Test 30. The Classic Functions of the Constitution; The Theory vs. political systems and constitutional families.

Objectives

Encourage the understanding of the thinking of the constituent legislator and the historical-political premises to the various changes / revisions of the CRP. Since Constitutional Law is a branch of Public Law fundamental to the organization and functioning of the State and to articulation with the various constitutionally created powers, its study allows students to progress in the various Curricular Units related to Legal Science, European Studies, Political Science and Public Administration. Hence, to identify concepts and know how to apply them, namely the democratic rule of law vs. Totalitarian States, the dignity of the human person and fundamental rights vs. personality rights vs. human rights, along with the political-administrative organization of the Portuguese State in its various degrees of governance, passing through the function of the Courts, specifically the Constitutional Court (jurisdictional control of the Constitution). With the realization of the fundamentals and the normat

Knowledge, abilities and skills to be acquired

Know the genesis of Portuguese Constitutionalism. Have contact with the Constitution, as fundamental Law. Have a sense of the meaning and nature and legal scope of the fundamental Law in the structures of political power and in the lives of all citizens, including migrants and stateless persons. Identify the meaning and scope of a constitutional review. Stimulus to the discussion of constitutional and political problems.

Teaching methodologies and assessment

- Theoretical classes, but with some practical application. - Elaboration of exhibitions / thematic of the class, following a presentation scheme of class previously prepared. - Debates and practical exercises "case study" and "current problems", namely recognition of the methods used in the interpretation of CRP 76 and its application in the theories of the Constitution. - Encouraging participation. - Two assessment tests (November and January, respectively) written, with a total weight of 80% in the final grade. The remaining 20% of the final grade will reflect attendance and the evaluation of the quality of student participation in class. - Final written examination, according to the rules established in the ULHT Evaluation Regulations

References

Manuais:
Canotilho, J. J. (2015). Direito Constitucional e Teoria da Constituição. Coimbra: 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.
Otero, P. (2010). Direito Constitucional Português (Vols. I e II). Coimbra: Almedina.
Schmitt, Carl (2008). Constitutional Theory. Duhram: Duke University Press.

Legislação:
Constituição da República Portuguesa (2015), Coimbra: Almedina ou in www.parlamento.pt
Bibliografia complementar:
Andrade, J. V. (2012). Direitos Fundamentais na Constituição da República Portuguesa de 1976 (5.ª Edição). Coimbra: Almedina.
Mcllwain, Charles Howard (1958). Constitutionalism - Ancient and Modern. USA: Great Seal Books in www. contitution.org
Otero, P. (2009). Instituições Políticas e Constitucionais (Vol. I). Coimbra: Almedina.