Learning outcomes of the curricular unit
Students will be offered:
- a first approach to the concepts and principles of Public Law
- that is, the law of the State and of other public bodies of national, European or international nature;
- knowledge of the essential elements of the State (people, territory and sovereignty), its legal regime, the main functions of government, and the way in which public bodies (especially administrative bodies) are organised;
- and an integrated perspective of Portuguese, International and European Union law, especially with regard to the legal instruments of action
- and their impact on the relations between public and private subjects. The aim is to better prepare students to understand other disciplines of public law. Students will also acquire skills in the legal characterisation of practical life situations in relation to forms of acquisition of Portuguese citizenship, collegial bodies and administrative appeals.
Syllabus
INTRODUCTION
Ch. I. The concept of public law
PART I – Theory of the State
Ch II. Origin and grounds of the State
1. Origin and evolution of the State
2. Views on government
Ch. III. Elements of the State
1. The people
2. Territory
3. Sovereignty
Ch. IV. Functions of government
PART II – The rule of public law
Ch. V. Government and law
1. The rule of Law
2. The legal personality of the State
Ch. VI. The public law relationship
Ch. VII. Public acts
Ch. VIII. Public Law rights and duties
PART III – The theory of public organization
Ch. IX. Forms of Government
Ch. X. The organization of the Portuguese Government, the International Community and the European Union.
Ch. XI. The organisation of Public Administration
1. Administrative bodies, organs and services
2. The Portuguese Public Administration: direct and indirect state administration and self-government
3. Hierarchy, superintendence and tutelage
4. Administrative appeals