Constitutional Law

Code:

MD102

Acronym:

DCT

Keywords
Classification	Keyword
OFICIAL	Law

Instance: 2016/2017 - 1S (since 19-09-2016 to 16-12-2016)

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
MD	16	Plano Oficial de MD	1	-	7,5	-
		Plano Oficial MD do ano letivo 2016	1	-	7,5	-

Teaching language

Portuguese

Objectives

Conference
Seminar


I. Constitutional International Law.
II. Universalism, particularism and the legitimacy of the public order beyond the state.
III. Strategies to respond to the challenges of globalization.
IV. Constitutional Law in the European and global context.
V. Constitutional dimensions of foreign policy.

Learning outcomes and competences

Reflecting the increased importance of a basic understanding of Constitutional, European and International Law to legal education and practice, the benefits of this Master’s Course program is most obvious for students intending to specialize in these areas, but even individuals who anticipate a career anchored principally in their own nation’s legal system have much to gain from such offerings.

The flow of goods, technology, ideas, capital, and people across borders means that the work of lawyers, diplomates, judiciary, attorneys and legal advisers, whether in public service or private practice, increasingly involves matters in which knowledge of Constitutional, European and International Law systems can prove important.

Working method

Presencial

Program

INTRODUCTION

• 1. Topic presentation
• 2. Scientific methods and practical purpose

CHAPTER I: CONSTITUTIONAL INTERNATIONAL LAW

• 1. Concept and definition
• 2. Theoretical and practical difficulties
• 3. Its place in the framework of the modern theories of constitutionalism

CHAPTER II: UNIVERSALISM, PARTICULARISM AND THE LEGITIMACY OF THE PUBLIC ORDER BEYOND THE STATE

• 1. Globalization
• 2. Legitimacy, in particular the democratic legitimacy
• 3. Effects of globalization on states and their sources of legitimacy

CHAPTER III: SRATEGIES TO RESPOND TO THE CHALLANGES OF GLOBALIZATION

• 1. The particularistic approach: the sovereign state as a guiding principle
• 2. The universal approach: cosmopolitan law v. state-centric law
• 3. The Constitutional Law “in” and “beyond” the state

CHAPTER IV: CONSTITUTIONAL LAW IN THE EUROPEAN AND GLOBAL CONTEXT

• 1. The European Union as an association of states and citizens
• 2. The advantages of constitutionalism at the European level
• 3. The multi-level constitutional jurisdiction
• 4. The multipolar relations in the protection of Fundamental Rights
• 5. The “constitutional” role of International Law

CHAPTER V: CONSTITUTIONAL DIMENSIONS OF FOREIGN POLICY

• 1. The constitutional foundations of Foreign Policy
• 2. Constitutional binding to International Law
• 3. The constitutional division of powers
• 4. The reserve of domestic jurisdiction

Mandatory literature

Cristina Queiroz; Direito Constitucional Internacional, 2ª ed., Coimbra, 2016, Petrony, 2016

Teaching methods and learning activities

1. The Academic Program, Master’s on Legal and Political Sciences, Ius Pu-blicum Europaeum, seeks to inspire and offer guidance to students, researchers, and other professionals.

 

1. In advancing discussions and critical reflection on European and International Law and Political Philosophy, the Academic Program helps build a community of scholars and practitioners in the field of Legal and Political Sciences and beyond.

 

1. The systematization and analysis of these questions, which relate to the development and improvement of political society, both internally and internationally, continue to identify the core of this basic idea either in the domain of particular Consitutional Law or of European and International Law.

 

Evaluation Type

Distributed evaluation without final exam

Assessment Components

Designation	Weight (%)
Participação presencial	50,00
Trabalho escrito	50,00
Total:	100,00

Calculation formula of final grade

Defined according to the rules and regulations.