Constitutional Law

Code:

D103

Acronym:

DCONST

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2005/2006 - 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	196	Official Study Plan - LD	1	-	13	-

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.
There’s also an important study of the means of guaranty of the Constitution, both in general as well as in the model displayed in the present Constitution of 1976.

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

CANOTILHO, J.J. Gomes – Direito Constitucional e Teoria da Constituição, Almedina, Coimbra, 7ª edição, 2004

MIRANDA, Jorge – Manual de Direito Constitucional, Coimbra Editora, Coimbra, Tomo I, 7ª edição, 2003;
Tomo II, 5ª edição, 2003;
Tomo V, 2ª edição, 2000;
Tomo VI, 2001.

Complementary Bibliography

- AAVV – Nos 25 anos da Constituição da República Portuguesa de 1976, AAFDL, 2001
CAETANO, Marcello – Manual de Ciência Política e Direito Constitucional, Tomo I, Almedina, 2003, 6ª Edição, Reimpressão
CANOTILHO, J.J. Gomes – Constituição dirigente e vinculação do legislador, Coimbra Editora, 2ª Edição, 2001
CANOTILHO, J.J. Gomes e Vital Moreira - Constituição da República Portuguesa Anotada, 3ª Edição, Coimbra, 1993
MIRANDA, Jorge – Teoria do Estado e da Constituição, Coimbra Editora, 2002
- MIRANDA, Jorge e Rui Medeiros - Constituição Portuguesa Anotada, Tomo I, Coimbra Editora, 2005
NOVAIS, Jorge Reis – Os princípios constitucionais estruturantes da República Portuguesa, Coimbra Editora, 2005

- 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 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.

Software

Text Files made available.

Evaluation Type

Eligibility for exams

Only relevant if the students choose the "continuous assessment", a method that measures up the participation and work made by the students all along the year.

Calculation formula of final grade

Obtained as a result of the rules enforced in FDUP.

Examinations or Special Assignments

Are not considered.

Special assessment (TE, DA, ...)

Rules enforced in FDUP.

Classification improvement

Obtained as a result of the rules enforced in FDUP.

Observations

Welcoming hours for students
Prof. Doutora Luísa Neto - tuesday, 10h to 12h
Dra Anabela Leão - thursday, 16h to 19h