Constitutional Law I

Code:

D102 I

Acronym:

DC I

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

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
LDB	1	Plano Transitório do ano letivo 2016	1	-	6	-

Teaching language

Portuguese

Objectives

Constitutional Law — a subject of the 1st year of the degree in Law — studies political societies in general, and mainly the State, expressed in its constitutional rules. Thus, it is given importance to the State in history, and to the connections made visible with the Modern Public Law.
There is also place to analyse and typify four major constitutional families or models — Great-Britain, United States of America, France and the ex–Union of the Soviet Socialists Republics — , as well as some considerations concerning the constitutional systems of Brazil and of the portuguese speaking african countries.
Constitutional Law takes also as its subject the evolution of portuguese constitutionalism, from 1822 — the date of the first liberal constitution — till nowadays.
This discipline has also to deal with and to explain concepts such as material and formal constitution, constituent power, constitutional changes and seeks its way through the analyse of the structure of constitutional rules and its interpretation.
In what concerns the portuguese Constitution that applies today, Constitutional Law studies the activity of the State – functions, organs and acts, with special attention to the legislative activity, government system and fundamental rights system.

Learning outcomes and competences

Many items are also introductory to the subjects of Political Science (1st year of the degree in Law) and Fundamental Rights (2nd year of the degree in Law)

Working method

Presencial

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
Introduction to Fundamental Rights (articulation with the program of Fundamental Rights – 2nd year of the degree in Law)

Mandatory literature

jorge miranda; Manual de Direito Constitucional, Volumes I (tomos I, II), Coimbra Editora, 2014
Canotilho José Joaquim Gomes 1941-; Direito constitucional e teoria da constituição. ISBN: 972-40-2106-8
Jorge Miranda; Manual de Direito Constitucional, Volume III (tomos V e VI), Coimbra Editora, 2014

Complementary Bibliography

Miranda Jorge 1941- 340; Constituição Portuguesa anotada. ISBN: 978-972-32-1822-0
Canotilho José Joaquim Gomes 1941- 212; Constituição da República Portuguesa anotada. ISBN: 972-32-1462-8
Queiroz Cristina 1957-; Direito constitucional. ISBN: 978-972-32-1662-2
Cunha Paulo Ferreira da 1959-; Direito constitucional geral. ISBN: 972-724-305-3

Comments from the literature

Jorge Miranda references may correspond to several editions. One of the versions does exist in the faculty library.

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 work in the course of Constitutional Law is done both in theoretical and practical classes. It is meant for the students to practise in-depth and thorough research, texts’ dissection, conceptual reasoning from a comprehensive legal perspective and critical comments and suggestions.

It is important that the students bring up the necessary research of legal literature and constitutional jurisprudence, in order to produce topics for academic debate and utilization of the “problem method”.

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.

keywords

Social sciences > Juridical sciences > Public law > Constitutional law

Evaluation Type

Evaluation with final exam

Assessment Components

Designation	Weight (%)
Exame	100,00
Participação presencial	0,00
Total:	100,00

Eligibility for exams

Rules enforced in FDUP.

Calculation formula of final grade

Rules enforced in FDUP.

Examinations or Special Assignments

Not considered.

Special assessment (TE, DA, ...)

Rules enforced in FDUP.

Classification improvement

Rules enforced in FDUP.

Observations

Attending hours will be determined in the beginning of the first semester