Constitutional Law

Code:

MD102

Acronym:

DCT

Keywords
Classification	Keyword
OFICIAL	Law

Instance: 2024/2025 - 1S (since 16-09-2024 to 20-12-2024)

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 do ano letivo 2023	1	-	7,5	-
		Plano Oficial do ano letivo 2024	1	-	7,5	-

Teaching language

Portuguese

Objectives

The course corresponds to advanced studies in Constitutional Law. Students, in general, are expected to (a) to develop basic knowledge in constitutional law concepts, e.g. constitution, constitutionalism, fundamental rights, considering complex realities and circunstances such as globalization, multilevel governance and regulation, diversity and pluralism; b) Identify and apply norms in multi and inter-normative contexts; c) interpret constitutional norms in dialogue with judicial decisions; d) problematize the norm and the exception in light of real-life circumstances, integrating and applying acquired knowledge; and e) carry out autonomous research and reflection, recognizing potential impacts. Combining lectures with the analyzis of case law and doctrinal texts, as well as autonomous oral presentations and discussions, enables students to achieve these objectives.

Learning outcomes and competences

The course aims to foster the discussion of specific problematics and changes of modern Constitutional Law in an advanced level. The teaching and assessment methodologies used combine the transmission of knowledge with the development of autonomous research and reflection by students on the content studied.  The combination, in class, between the exposition of the topics and the analysis and discussion of case law and doctrinal texts previously suggested and analyzed by the students, allows different forms of contact with the subjects, favoring autonomous study and the personal management of the learning process.

Working method

Presencial

Program

Constitution and  constitutionalism: norm and exception 

1. Constitution and constitutionalism(s)

2. Constitution, identity and diversity 

3. Constitution and exception

Mandatory literature

Dobner Petra 340; The^twilight of constitutionalism?. ISBN: 978-0-19-958500-7
Rui Medeiros; A^Constituição Portuguesa num contexto global. ISBN: 9789725404560
Anabela Costa Leão; Constituição e interculturalidade
Dieter Grimm; Constitutionalism. ISBN: 978-0-19-876612-4

Complementary Bibliography

Jorge Bacelar Gouveia; O^estado de excepção no direito constitucional. ISBN: 972-40-1241-7
Giorgio Agamben; Estado de excepção. ISBN: 978-972-44-1610-6
Cristina Queiroz; Direito constitucional internacional. ISBN: 978-972-32-2004-9
José Joaquim Gomes Canotilho; Brancosos e interconstitucionalidade. ISBN: 972-40-2743-0
Paulo Ferreira da Cunha; Vontade de justiça. ISBN: 978-972-40-8718-4
Carlos Blanco de Morais; Curso de direito constitucional

Comments from the literature

Specific bibliographical references (especially scientific articles) will be given for each of the themes and, in particular, to support the preparation of oral presentations.

Teaching methods and learning activities

Classes are theorethical-practical. Besides lectures, students are encouraged to participate in the analisys and critical discussion in class of texts and case-law, previously suggested.  The oral presentations aim to foster autonomous research, analysis skills, and critical reflection, as well as to familiarize students with public presentation of scientific work techniques. Combining lectures with the analyzis of case law and doctrinal texts that have been previously suggested to students (thus enabling students to have contact with the materials before class) diversifies the forms of contact with the topics, favoring autonomous study and personal management of the learning process. At the end of each topic, formative worksheets are made available to consolidate the subjects and for student self-assessment. These worksheets, corrected in class, help prepare for the final exam.

keywords

Social sciences > Juridical sciences > Public law > Constitutional law

Evaluation Type

Distributed evaluation without final exam

Assessment Components

Designation	Weight (%)
Apresentação/discussão de um trabalho científico	30,00
Teste	70,00
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Estudo autónomo	60,00
Frequência das aulas	40,00
Total:	100,00

Eligibility for exams

No specif attendance requirements.

Calculation formula of final grade

Continuous assessment without final exam according to Knowledge Assessment Regulations (RAC), in the following terms:

1. 

Oral presentation and discussion - 30%
written test - 70% 

Possibility to retake the written test  according to article 15 RAC 

2. In case the number of student enrolled is superior to 20 and thus  not compatible with the mandatory round table model, the evaluation will consist of two written tests, each one corresponding to 50% of the final classification. 

In case the final grade is inferior to 10, possibility to take a final exam according to article 15 RAC.

Special assessment (TE, DA, ...)

According to the regulations in force at FDUP

Classification improvement

Possibility to do a writen exam to improve the classification:
- of the singe written test (70%)
- of the two written texts (100%)

According to Article 34 RAC