Constitutional Law

Code:

D140

Acronym:

DCO

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2025/2026 - A (since 15-09-2025 to 22-05-2026)

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	180	Novo Plano Oficial do ano letivo 2016	1	-	12	150

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.
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.

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 – State and Constitution
Title I – The Constitution as a Legal Phenomenon
Title II – Public Law and the Modern European State (reference to the Political Science course)
Title III – Constitutional Systems and
Families Chapter I – The Various Constitutional Families
Chapter II – The Constitutional Systems of Brazil and Portuguese-speaking African Countries

PART II – Portuguese constitutionalism
Title I – Periodification
Title II – Liberal Constitutions
Title III – The Constitution of 1933
Title IV – The Constitution of the Portuguese Republic of 1976
Chapter I – Overview of the four parts of the Constitution and (reference to other curricular units)
Chapter II - Introduction to Fundamental Rights (preliminary articulation with the curricular unit of Fundamental Rights of the 2nd year of the degree in Law)

PART III - The constitutional activity of the Portuguese State
Title I – Structure of constitutional provisions
Chapter I – Interpretation, integration and application
Title II – Functions, organs and acts in general (reference to other curricular units)
Chapter I – Functions of the State
Title III – Legislative acts
Chapter I – The three types of legislative acts: principles of typicality and parity
Chapter II – Parliamentary, governmental and regional legislative procedure
Chapter III – Relationship between legislative acts

PART IV – Unconstitutionality and guarantee of the Constitution
Title I – Guarantee of the Constitution and guarantee of constitutionality
Chapter I – Unconstitutionality and legality
Title II – Systems for constitutionality review
Chapter I – A comparative and historical glance
Chapter II – Review procedures under the current Portuguese system

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, tomo V - Actividade constitucional do Estado, Coimbra Editora, 2011
Jorge Miranda; Manual de Direito Constitucional, Volume III (tomos V e VI), Coimbra Editora, 2014
Miranda, Jorge; Manual de Direito Constitucional, Tomo VI - Inconstitucionalidade e Garantia da Constituição, Coimbra Editora, 2008

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
Cunha Paulo Ferreira da 1959-; Direito constitucional aplicado. ISBN: 9787-972-724-327-3

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

Amount of time allocated to each course unit

Designation	Time (hours)
Estudo autónomo	0,00
Frequência das aulas	0,00
Total:	0,00

Eligibility for exams

Rules enforced in FDUP.

Calculation formula of final grade

According to the FDUP's Knowledge Evaluation Regulation, the chosen evaluation system is the final exam.

 

Under the terms and for the purposes of paragraph 2 of article 11 of the FDUP's Knowledge Evaluation Regulation, it is understood that the non-option for the distributed evaluation regime is based on:

- the high number and students that makes impossible a real distributed evaluation that would not merely result from the mere sum of tests.

- the fact that it is a discipline whit a team of professors that is not uniform in the two semesters, moreover in what concerns practical classes.

 

On the other hand, we must say that despite this option by the evaluation by final exam, the classes will be participated and such pedagogical participation will be fostered.

Examinations or Special Assignments

Not considered.

Special assessment (TE, DA, ...)

Rules enforced in FDUP.

Classification improvement

Rules enforced in FDUP.