Constitutional Law

Code:

D103

Acronym:

DCONST

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2003/2004 - A

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
D	134	Official Study Plan - LD	1	-	13	-

Program

PART I
The state and the constitutional experience
Title I – The State in History
Chapter I – Historical localisation of the State
Chapter II – Modern Public Law and the European style of State

Title II – Constitutional systems and families
Chapter I – Constitutional systems and families in general
Chapter II – The various constitutional families
Chapter III – The constitutional systems of Brazil and Portuguese-speaking African countries

Title III – The Portuguese constitutions
Chapter I – The Portuguese constitutions in general
Chapter II – The Liberal constitutions
Chapter III – The Constitution of 1933
Chapter IV – The Constitutions of 1976

PART II
Theory of constitution
Title I – The constitution as a legal phenomenon
Chapter I – The concept of Constitution
Chapter II – Forming a Constitution
Chapter III – Modifications to and maintenance of the Constitution

Title II – Constitutional Norms
Chapter I – Structure of constitutional norms
Chapter II – Interpretation, integration and application

PART III
The constitutional activity of the state
Title I – Functions, organs and operations in general
Chapter I – Functions of the State
Chapter II – Organs of the State

Title II – Legislative operations
Chapter I – Laws in general
Chapter II – Laws from the Assembly of the Republic
Chapter III – Legislative authorisations and parliamentary appraisals
Chapter IV – Relations between legislative operations

PART IV
NON-CONSTITUTIONALITY AND GUARANTEE OF THE CONSTITUTION
Title I – Non-constitutionality and guarantee in general
Chapter I – Non-constitutionality and legality
Chapter II – Guarantee of constitutionality

Title II – Systems for supervising constitutionality
Chapter I – Comparative and historical overview
Chapter II – The current Portuguese system

Main Bibliography

MIRANDA, Jorge – Manual de Direito Constitucional, Coimbra Editora, volume I, 6th ed., 1997; volume II, 3rd edition, 2000; volume V, 2nd edition, 2000, volume VI, 2001, Coimbra.
CYEARTILHO, J.J. Gomes – Direito Constitucional e Teoria da Constituição, Almedina, 4th edition, Coimbra, 2000.
CYEARTILHO, J.J. Gomes and Vital Moreira - Constituição da República Portuguesa Yeartada, 3rd edition, Coimbra, 1993.

Complementary Bibliography

Additional reading will be recommended for each point of the program

Teaching methods and learning activities

The combination of theorical and practical classes permits a valuable interchange between theoretical and practical knowledge, and is thus an important part of the learning process, giving the student the chance to experience and ponder in a more considered and thorough way the knowledge that has already been imparted to him/her.
The overall aim of the practical classes is thus to provide a solid base for the assimilation of theoretical notions, thereby constituting a sound, in-depth complement to the theory classes. They appeal to the utilisation of the problem method, an Anglo-Saxon matrix, which is equivalent to discovering applied Law. This can be accomplished either by applying the law to determined situations, real or hypothetical, which involves the resolution of practical cases and the analysis of case law decisions, or by making it possible to concretise the Law in a legal action, requiring the use of logic in affirming and refuting antagonistic arguments.