Learning outcomes of the curricular unit
Being this a ground subject of any Law degree, we intend to situate the students in our constitutional system. Therefore, after a general view over the Constitutional Theory, vital for a correct apprehension of the written Constitution (and its pre-comprehension), we intend students to know the constitutional contents up to two levels: first, we make a systematic and descriptive analysis of the “knowledge domain” (organization of the political power, legislative powers, constitutional control); on a second level, we wish students to reflect upon what is truly characteristic of the Portuguese Constitution as a juridical and political system leaked in a written text. We seek to approach the organization of the Portuguese State as a “State of Law”, grounded on the heteronomy, or separation, between dimensions of areas and limitations that frame the performance of the sovereign organs.
Syllabus
Part I – Constitutional Theory
1. Introduction
1.1. Object and method of the science of Constitutional Law
1.2. The Constitution as “norm”
Ch. I – The State as political community
Ch. II – Constitutional Law and Constitution: fundamental notions
Ch. III – Constitutional dynamics: the origin and evolution of the Constitution
Ch. IV – The juridical force of the Constitution
Part II – The Portuguese constitutional system
1. The constitutional text. The fundamental features of the current Constitutional Law.
2. The adopted methodology
Ch. I. The organization of the political power. Organic exclusivity of the Constitution
Ch. II. The normative force of the Constitution. The constitutional organic exclusivity of the legislative
powers.
Ch. III. The control of constitutionality. The constitutional organic exclusivity of the constitutional control.