Constitutional Law II

Year
1
Academic year
2019-2020
Code
02275200
Subject Area
Political Legal
Language of Instruction
Portuguese
Mode of Delivery
Face-to-face
ECTS Credits
15.0
Type
Elective
Level
2nd Cycle Studies - Mestrado

Recommended Prerequisites

Constitutional Law and Public International Law

Teaching Methods

Lecture-based classes will be the dominant teaching method. However, students’ involvement, as well as interaction among students and between the students and the professor will be encouraged.

The evaluation will depend on the following factors:

- Paper’s quality;
- oral presentation of the paper and the answers given to the interventions of the colleagues;
- the quality of the student's interventions in the expository phase of the Course and in the discussion of the work of colleagues;
- classes attendance.

Learning Outcomes

1)     To put students in touch with the new phenomenon of the internationalization of Constitutional Law;

To stimulate and develop students’ skills of a critical analysis concerning the changes in the structure of Constitutional Law, namely concerning the generalization of the protection of human rights with the maintenance of the State structure.

Work Placement(s)

No

Syllabus

Human Rights and the State: emergence of a new paradigm in Constitutional Law?


1. Revision of the basic concepts concerning Human Rights and the State
2. The internationalization of Constitutional Law
3. Multipolar governance and the survival of a system related to states
4. The post-Westphalian model and its adaptations within the three branches of power
5. Changes in the system of sources - the dialogue between the normative sources
6. Multi-level system of protection of rights, especially in Europe

Head Lecturer(s)

Paula Margarida Cabral Santos Veiga

Assessment Methods

Assessment
Research work: 100.0%

Bibliography

(Outros títulos serão necessários para a elaboração dos papers pelos Estudantes)

  • EUROPEAN COURT OF HUMAN RIGHTS, Implementation of the judgements of the European Court of Human Rights: a shared judicial responsability? Dialogue between judges, European Court of Human Rights, Council of Europe, 2014
  • Nathan GIBS, “Human Rights, Symbolic Form, and the Idea of the Global Constitution”, in German Law Journal, vol. 18, n.º 3, 2017, pp. 511-532
  • Dennis DAVIS, Alan RICHTER e Cheryl SAUNDERS (ed.), An Inquiry into the Existence of Global Values: Through the Lens of Comparative Constitutional Law, Portland, Oregon: Hart Publishing, 2015
  • Paula VEIGA, «Entre Véus e Minaretes: um (possível) diálogo multicultural», in Boletim de Ciências Económicas. Faculdade de Direito da Universidade de Coimbra. Homenagem ao Prof. Doutor António José Avelãs Nunes, Vol. LVII, Tomo III, Coimbra, 2014, pp. 3363-3388

Case law do Tribunal Europeu dos Direitos Humanos (base de dados HUDOC)