Constitutional Justice

Code:

DO411

Acronym:

JC

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2007/2008 - 2S

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	0	Oficial Study Plan LD	4	-	6	-

Teaching language

Portuguese

Objectives

Discussing issues about fundamental rights and constitutional justice.

Program

Introduction

CHAPTER I

THE NORMATIVE FORCE OF THE CONSTITUTION

§ 1. The supremacy of the constitution
§ 2. The constitutional binding of the political power
§ 3. The principle of the constitutional conformity of all the public acts with the constitution
§ 4. The different systems of control


CHAPTER II

THE CONSTITUTIONAL COURT

§ 1. Composition
§ 2. Organization and functions
§ 3. Main competencies
§ 4. Other competencies


CHAPTER III

THE THEORY OF NORMS’S CONTROL

§ 1. The problematic stance of the constitutional justice
§ 2. The judicial application of the constitution
§ 3. The concept of juridical norm
§ 4. Private autonomy norms
§ 5. Elements commons to the different process of control
§ 6. The individual direct access to the Constitutional Court


CHAPTER IV

THE CONTROL OF CONSTITUTIONALITY AND LEGALITY OF PUBLIC ACTS

§ 1. The classic construction of the theory of unconstitutional acts
§ 2. Types of unconstitutionality
§3. Object of the control


CHAPTER V

THE JUDICIAL PROCESS OF CONTROL

§1. The abstract control of norms
§2. The concrete control of norms
§ 3. The declaration of unconstitutionality by passage of the concrete control to the abstract control
§4. The process of verification of the constitutionality and legality of the referendum
§ 6. The control of the illegality


CHAPTER VI

THE JURIDICAL EFFETS OF THE DECISIONS

§ 1. The declaration of unconstitutionality
§ 2. The retroactive effect
§ 3. The repristination effect
§ 4. The limitation of effects
§ 5. The intermediary decisions
§ 6. The decisions of non unconstitutionality
§ 7. Authority and execution of the decisions
§ 8. The corrective and remedial jurisprudence

Evaluation Type

Evaluation with final exam

Eligibility for exams

Not considered.

Calculation formula of final grade

According to the rules enforced at the Faculty.

Special assessment (TE, DA, ...)

According to the rules enforced at the Faculty.

Classification improvement

According to the rules enforced at the Faculty.