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Presentation
Presentation
The theory of the Constitution and Constitutional Law, within the scope of an EERI (1st Cycle of Academic Studies) course, cannot fail to aim at two objectives that complement each other: "Constitutionalism" and "Constitution". In fact, "Constitutionalism" will surprise students for the meaning and scope of the theories that underlie the choices about a certain sense of political-state organization reflected in the Fundamental Law of a given country and the structure of the respective norms, their interpretation and application, here reflected in "Constitutional Law", or in other words, in the "Constitution" in a material sense.
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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Bachelor | Semestral | 5
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Year | Nature | Language
Year | Nature | Language
2 | Mandatory | Português
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Code
Code
ULHT450-14175
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
1. Theory of the Constitution 1. Concept of Constitution and the classical functions of the Constitution 2. Idea of constitutionalism 3. Matrices and families of modern constitutionalism 4. História Constitucionalismo português. 5. Constitution of 76. The constituent power and the historical-political aspects of the various revisions, 2. Constitutional Law 1. The system and normative interpretation of the Constitution 2. Functions of the Constitution 3. Fundamental principles of the State. The uniqueness of the State. 4. Fundamental Rights vs Human Rights. Generations of rights 5. The economic constitution 6. Organs of sovereignty. Characterization and competencies 7. Portuguese Public Administration – its characterization. 8. Review and revision of the Constitution
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Objectives
Objectives
This Curricular Unit (CU) is divided into two parts: starting its study with the Theory of the Constitution in which the foundations related to the theories that underlie the various constitutions of the current world are highlighted, namely their function, some constitutional families and the history of Portuguese constitutionalism, ending with the constitution of 76 and its revisions. With regard to the second part - Constitutional Law - the study focuses mainly on the Constitution of 1976, with the aim of encouraging students to understand the thinking of the constituent legislator and the historical-political premises of the various revisions. As the DC is a branch of Public Law, it is essential to know the organization and functioning of the State and the articulation with the various constitutionally created powers, as its study will allow students to progress in the various disciplines of Law, especially in public law.
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Teaching methodologies and assessment
Teaching methodologies and assessment
Include the case study, identified in the media, on the violation of one or more fundamental rights and provide for its discussion, analysis and conclusion.
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References
References
GOUVEIA, Jorge Bacelar. Manual de Direito Constitucional, Volume I, 7.ª Edição, Coimbra: Almedina, 2021. ISBN: 9789724098838 GOUVEIA, Jorge Bacelar. Manual de Direito Constitucional, Volume II, 7.ª Edição, Coimbra: Almedina, 2021. ISBN: 9789724098500 Constituição da República Portuguesa – Edição Universitária, 9.ª Edição. Reimpressão. Coimbra: Almedina, 2024. ISBN: 9789894003960
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Office Hours
Office Hours
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Mobility
Mobility
No
