Cursos / 1º Ciclo / Faculty of Law :: International Relations

Versao Portuguesa

DIREITO CONSTITUCIONAL - 2017/2018

2º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Manuel Monteiro
Assistant Professor: Prof. Doutor Fausto Ferreira

Class type and School hours

Orientação Tutorial : 1 Horas
Teórico-prática : 2 Horas

Main Aims/Objectives

1. Understand the Portuguese constitutional law, in particular, and the State constitutional law, in General, in the context of the main international political organizations.

2. Understand the relationship, it is not always clear and comunicacionalmente continuously disputed, between the national Constitution, European Union law and international law.

Specific Aims/Objectives

1. Understand what is a Constitution.
2. Understand the distribution of political power, under the Portuguese Constitution of 1976.
3. Identify the political powers of the President of the Republic, the Assembly of the Republic and the Government, in the context of foreign policy.
4. Understand the evolution of the Portuguese Constitution of 1976, in the field of international relations and international law.

Skills to be acquired

1. Know interpret the policy and legislative action, in the light of the current constitutional framework.

2. Learn to relate the powers of the organs of sovereignty, with the national obligations arising from integration into international organizations.

Teaching Procedures

In the theoretical-practical lessons, the exposure of the syllabus will be accompanied by an analysis to concrete situations of national and international politics, which allows permanent intervention of students.

In class will be tutorials relevance to questions, monitor the readings that students must do throughout the semester and oral exposure as inclusive element of continuous assessment.

Programme

Chapter I – The advent of Constitutionalism
1. Absolutism and liberal Constitutionalism: a brief review.
2. The rule of law to the democratic constitutional State.
3. Democracy and Constitution.
4. Types of Constitution.

Chapter II – The Portuguese Constitution of 1976
1. Portuguese Constitutions of 1822 to 1976: evolutionary synthesis.
2. Lost in translation in preparation of the democratic Constitution.
3. Fundamental principles of the Constitution.
4. The importance of the fundamental rights and duties.
5. The Organization of political power.
6. The Portuguese foreign policy, in the constitutional framework.

Chapter III – The Constitution of 1976, international relations and international law
1. The constitutional principles, in the context of international relations.
2. The Constitution before international law
3. The relationship of the Portuguese Constitution, with the European Union law.
4. Extradition and the right to asylum, in the Portuguese Constitution.

Chapter IV – Some international constitutional regimes: main features
1. The United Kingdom
2. United States of America
3. France
4. Spain
5. Germany
6. Portuguese speaking States



Evaluation Type

Carried out two written tests and, at least, one oral intervention.

Teaching Resources

All existing in University

Keywords

Constitution
Democratic constitutional State
International relations
International foreign policy

Main Bibliography

Author MOREIRA, Vital
Title Sebenta de Direito Constitucional
Place Porto
Editor Policopiado
Year 2017
Author PINTO, Ricardo Leite, CORREIA, José de Matos,; SEARA, Fernando Roboredo
Title Ciência Política e Direito Constitucional, v. I
Edition 5ª revista
Place Lisboa
Editor Universidade Lusíada Editora
Year 2013
Author OTERO, Paulo
Title Direito Constitucional Português, vols. I e II
Edition Reimp. da ed. d
Place Coimbra
Editor Almedina
Year 2016 (v. I), 20

Complementary Bibliography

Author MEDEIROS, Rui
Title A Constituição Portuguesa Num Contexto Global
Author RODRIGUES, L. Barbosa
Title Sistemas políticos europeus comparados
Edition
Place Lisboa
Editor Legis
Year 2011