Constitutional Law I
2nd Cycle Studies - Mestrado
As part of a Master Programme in the legal and political area, students are assumed to be fairly acquainted with the basics of constitutional law, administrative law, public international law and tax law. Proficiency in foreign languages, like French, English, German, Spanish or Italian, proves critical to come into contact with legal scholarship and constitutional case law output in those languages.
Seminar-like classes are the best, most fruitful teaching method for the first part of the course. For the discussion of student work in the second part, the following method is adopted: brief presentation of the main topics in students' papers; selection by the instructor of the main issues for discussion and facilitation so that everyone's stand has a chance to be spelled out; response of the author to classmates' interventions; general closing remarks by the instructor on the work.
1. Through knowledge of the Portuguese constitutional system.
2. Comparison with constitutional justice systems from some European countries, Brasil and Angola.
3. A contact with constitutional case law, in order to keep students informed about the (ever more varied and complex) issues submitted to the Constitutional Court and discussed through the (ever-evolving and ever-perfectioning) argumentative rhetoric of our supreme body of constitutional justice.
4. Enhancement of research and scientific writing skills, in the public law and, more specifically, in the constitutional law areas.
II. Genesis, historical, legal and political antecedents, and legitimacy of constitutional justice
III. Characterization of the Constitutional Court
IV. Scope, object, and patterns of constitutional review
V. Moments, forms and procedural paths of constitutional review of legal standards
VI. Content, bindingness and temporal effects of Constitutional Court rulings
VII. The Constitutional Court as a critical body of political regulation
António Eduardo Baltar Malheiro Magalhães
Research work: 80.0%
A obra fundamental é a seguinte: / The core source is:
Fernando Alves Correia, Justiça Constitucional, Coimbra, Almedina, 2016.
Bibliografia Complementar: / Additional bibliography
As obras citadas naquela obra. / The works referred in the core source.